THE  LEAGUE  OF  NATIONS 

AND  THE 

NEW  INTERNATIONAL  LAW 


BY 
JOHN  EUGENE  HARLEY,  A.M. 

FORMERLY  CARNEGIE  FELLOW  IN  INTERNATIONAL  LAW 
HARVARD   UNIVERSITY 

ASSISTANT   PROFESSOR   OP   POLITICAL   SCIENCE, 
UNIVERSITY   OF   SOUTHERN   CALIFORNIA 


hfEW    YORK 
OXFORD  UNIVERSITY  PRESS 

AMERICAN  BRANCH:  85  West  82nd  STBiaar 
LONDON,  TORONTO.  MELBOURNE  AND  BOMBAY 

1921 


Copyright,  1921 
BY  Oxford  University  Press 

AMERICAN   BRANCH 


Printed  in  U.  S.  A. 


TO 

MY  MOTHER 

AND 

THE  AMERICAN  BOYS  WHO 
DIED  IN  FRANCE 


"It  is  vncked  not  to  try  to  live  up  to 
high  ideals  and  to  better  the  condition 
of  the  world."  —  Theodore  Roosevelt 

December  11, 1918 


458573 


INTRODUCTION 

That  for  which  Hugo  Grotius  plead  is  coming  to  pass: 
war  is  to  be  outlawed.  Certain  kinds  of  war  are  to  be  re- 
garded, for  the  first  time  in  history,  as  illegal;  and,  that 
which  is  of  equal  importance,  the  nebulous  thing  known  as 
international  law  is,  likewise,  for  the  first  time  in  history, 
to  have  a  sanction  so  that  the  word  "  illegal  "  as  appHed  to 
the  action  of  States  will  have  real  significance. 

This  is  the  subject  of  Mr.  Harley's  treatise.  Few  things 
could  be  more  timely  and  few  statements  could  be  more 
basic,  more  refreshingly  new  nor  more  happily  made.  Take 
this  bit,  summarizing  the  kinds  of  war  which  are  now 
become  illegal  for  the  signatories  to  the  Paris  Covenant: 

"1.  A  war  of  conquest  or  external  aggression  is  illegal; 

"  2.  A  war  resorted  to  by  one  member  after  the  matter  in 
dispute  has  been  the  subject  of  an  arbitral  award  which  is 
complied  with  by  the  other  disputant  is  an  illegal  war; 

"3.  A  war  is  illegal  if  resorted  to  by  a  member  in  disregard 
of  a  unanimous  recommendation  by  the  Council  (excluding 
disputants)  which  is  complied  with  by  the  other  disputing 
member; 

"4.  All  wars  between  members  of  the  League  are  illegal  if 
begun  before  a  delay  period  of  from  three  to  nine  months 
has  elapsed." 

Under  the  Paris  Covenant  a  signatory  beginning  war 
illegally  is  deemed,  ifso  facto,  to  *'  have  committed  an 
act  of  war  against  all  other  members  of  the  League,"  who 
must  thereupon  discontinue  intercourse  of  every  kind  with 
the  offender  and  may  be  called  upon  to  make  war  upon  it. 


vi  INTRODUCTION 

Isn't  this  worth  while,  even  if  the  Covenant  had  done 
nothing  more?  But  the  Covenant  does  much  more.  Be- 
sides planning  new  instruments  for  setthng  disputes  peace- 
fully, such  as  the  court  of  law,  the  Council  and  the  Assembly; 
for  controlling  the  armament  madness  —  the  sense  of 
security  which  will  follow  the  punishment  of  the  wanton 
aggressor  will  make  this  possible  —  for  united  action  to 
better  the  conditions  of  labor,  the  Covenant  plans  that 
great  step  toward  more  enduring  peace,  namely,  the  defini- 
tion of  that  law  under  the  reign  of  which  the  nations  may 
live  together  and  compose  their  interests  just  as  the  indi- 
vidual has  long  done  under  municipal  law.  Mr.  Harley 
points  out  that  these  ends  are  to  be  achieved  by  a  "new 
international  person "  to  which  the  nations  surrendered 
only  those  attributes  of  sovereignty  needed  to  eflfect  the 
purpose  in  view.  In  so  doing  they  feel  that  they  are  making 
the  residue  and  more  vital  part  of  their  sovereignty  —  that 
which  was  retained  by  them  —  more  secure  from  outside 
interference  and  attack.  This  is  nothing  other  than  the 
principle,  long  ago  recognized,  that  true  Uberty  is  attain- 
able only  through  a  surrender  of  hcense  —  in  this  case  the 
license  to  indulge  in  the  pastime  of  war  whenever  it  suited 
a  people  or  their  rulers  to  do  so.  Under  the  League,  some- 
thing of  that  Hcense  still  persists,  but  much  of  it,  as  we 
have  seen,  is  gone.  Another  sovereign  right  hitherto 
highly  prized,  the  right  to  remain  neutral,  was  likewise 
surrendered  in  the  common  interest.  The  aim  of  the 
surrender,  as  Mr.  Harley  sees  it,  is  to  clothe  a  "  continuous 
international  agency  "  with  just  so  much  power  as  will  make 
reasonable  of  expectation  "  the  maintenance  of  international 
peace  and  security,  and  the  promotion  of  international 
cooperation,  through  the  development  of  international  law." 
This  agency  is  not  a  State,  for  the  territories  of  the  nations 


INTRODUCTION  vii 

which  have  set  it  up  are  not  its  territories  and  their  peoples 
are  not  its  nationals.  According  to  Mr.  Harley's  view,  it 
does  not  exercise  the  powers  which  Confederations  have 
usually  exercised,  and,  at  the  same  time,  is  more  than  an 
Alliance  the  action  of  which  is  not  continuous  but  which, 
as  a  rule,  comes  into  play  only  under  specified  conditions. 
At  the  same  time,  this  "  new  international  person,"  the 
League  of  Nations,  is  a  subject  of  international  law,  its 
officials  and  representatives  enjoy  diplomatic  privileges 
and  immunities  when  engaged  on  the  League's  business, 
and  in  connection  with  its  trusteeship  of  the  Saar  Basin 
it  is  vested  with  legal  title  to,  and  authority  over,  the 
actual  territory  administered. 

It  will  be  seen,  from  this  brief  introduction,  what  new 
problems  Mr.  Harley  is  here  dealing  with  and  what  interest 
and  importance  attaches  to  them. 

Theodore  Marburg 


CONTENTS 

PAOS 

Inthoduction.     By  Theodore  Marburg,  fonner  United  States  Minister  to 

Belgium v-vii 

CHAPTER  I 
Conceptions  op  International  Law 1-7 

CHAPTER  II 
Methods  bt  which  Internationaij  Law  is  Developed 8-18 

CHAPTER  III 
Codification  op  International  Law 14-18 

CHAPTER  IV 
The  Intebnational  Labor  Organization 19-21 

CHAPTER  V 
International  Law  during  the  War 22-27 

CHAPTER  VI 

In  Certain  Cases  War  made  an  Illegal  Process  bt  the  Covenant.  . .        28-31 

CHAPTER  VII 

Settlement  op  Disputes 32-38 

CHAPTER  VIII 
Some  Modifications  is  the  Theory  op  International  Law 39-44 

CHAPTER  IX 
The  Question  op  Sanctions 45-48 

CHAPTER  X 
Thb  Juridical  Status  op  the  League  of  Nations 49-57 

CHAPTER  XI 
Conclusions 58-59 

APPENDICES 

I.  The  Smuts  PROPoaA.Ls  for  a  League  of  Nations 61-65 

II.  A  Draft  of  the  Composite  Covenant  made  bt  the  Legal  Advisers 

OP  THE  Commission  on  the  League  of  Nations 66-72 

III.  The  Original  and  Revised  Drafts  of  the  Covenant  arranged  in 

Parallel  Columns 73-98 

IV.  Table  showing  International  Administrative  Organizations 99-100 

V.  Table  op  the  Cases  decided  bt  the  Permanent  Court  op  Arbitra- 
tion of  1899  AND  1907 101-108 

VI.  Declaration  of  the  Rights  and  Duties  of  Nations 109 

VII.  Draft  Schebce  for  the  Permanent  Court  of  International  Justice    1 10-122 
VIII.  Council's  Letter  submitting  Court  Schebib  to  the  Governments 

OP  THE  Interested  States 128 

a 


THE    LEAGUE    OF    NATIONS 

AND    THE 

I^EW  IXTEEI^ATIOIfAL  LAW 

CHAPTER    I 

CONCEPTIONS   OF   INTERNATIONAL   LAW 

"  By  painful  stage  after  stage,"  said  President  Wilson, 
**  has  that  law  [international  law]  been  built  up  with 
meager  enough  results  indeed  after  all  was  accomphshed 
that  could  be  accomphshed,  but  always  with  a  clear  view 
at  least  of  what  the  heart  and  conscience  of  mankind  de- 
manded." ^  Some  of  those  stages,  which  are  referred  to  by 
the  President,  include  the  academic  struggle  which  has  been 
more  or  less  in  evidence  since  the  time  of  Grotius,  as  to  what 
conception  of  international  law  was  correct,  if,  indeed,  there 
was  any  law  at  all,  which  has  by  some  writers  been  seriously 
questioned.  The  conceptions  which  have  received  any 
considerable  following  will  be  considered  briefly. 

The  Orotian  School.  —  Properly  enough  the  conception 
of  international  law  held  by  Grotius  has  been  made  the 
basis  for  the  discussions  of  later  writers  and  statesmen. 
This  great  Dutch  jurist,  who  is  well  called  the  father  of 
international  law,  set  forth  his  views  in  1625  in  a  work 
that  has  become  a  classic.  "  Natural  law,"  he  believed, 
"  is  the  dictate  of  right  reason,  pronouncing  that  there  is 
in  some  actions  a  moral  obhgation,  and  in  other  actions 

»  April  2,  1917. 
1 


«  THE  LEAGUE  OF  NATIONS  AND 

a  moral  deformity,  arising  from  their  respective  suitableness 
or  repugnance  to  the  rational  and  social  nature,  and  that 
consequently  such  actions  are  either  forbidden  or  enjoined 
by  God  the  author  of  nature.  Actions  which  are  the  subject 
of  this  exertion  of  reason  are  in  themselves  lawful  or  un- 
lawful, and  are,  therefore,  as  such  necessarily  commanded 
or  prohibited  by  God.  .  .  ."  ^ 

"  In  the  subject  now  in  question  [that  is,  natural  and 
international  law]  this  cause  [of  concurring  sentiment  of 
writers,  historians  and  philosophers]  must  be  either  a  just 
deduction  from  the  principle  of  natural  justice,  or  imiversal 
consent.  The  first  discovers  to  us  the  natural  law,  the 
second  the  law  of  nations.  ...  If  a  certain  maxim,  which 
cannot  be  fairly  inferred  from  admitted  principles,  is, 
nevertheless,  found  to  be  everywhere  observed,  there  is 
reason  to  conclude  that  it  derives  its  origin  from  positive 
institution."  ^ 

Grotius  saw  clearly  enough  that  the  law  of  nature  was 
of  itself  insufficient  for  governing  the  intercourse  between 
nations,  and  he  recognized  that  principles  of  international 
law  arose  by  agreement  of  minds  and  by  common  consent 
found  in  custom  and  tacit  compact  {moribus  et  pacto  tacito 
introductum)  .^  This  class  of  law  he  called  jus  gentium 
voluntarium  or  jus  constitutum.  Here  is  seen  a  distinction 
between  natural  law  and  the  law  of  nations  which  is  created 
by  positive  institution:  a  distinction  which  gave  rise  to 
the  two  schools  of  international  law  called  the  naturalists 
and  the  positivists.  The  difference  between  natural  law 
and  international  law,  as  conceived  by  Grotius,  was  that 
the  former  is  a  body  of  necessarily  existing,  fundamental 
principles  determined  by  God,  the  author  of  nature,  without 

^  De  Jure  BeUi  ac  Pads,  lib.  I,  cap.  I,  sect.  X,  1,  2. 
2  Ibid.,  Prolog,  sect.  XLI.  '  Ibid.,  sect.  XVII. 


THE  NEW  INTERNATIONAL  LAW  3 

which  nations  as  such  cannot  exist.  The  latter  is  a  body  of 
laws  created  by  universal  consent,  positive  institution,  and 
agreement  of  the  collective  opinion  of  mankind. 

The  Hobbes'  Conception.  —  The  philosopher  Hobbes 
identified  natural  law  and  mtemational  law.  Writing  in 
1647,  about  two  decades  after  Grotius'  great  work  appeared, 
he  stated  that  "  natural  law  may  be  divided  into  the 
natural  law  of  men  and  the  natural  law  of  States,  conunonly 
called  the  law  of  nations.  The  precepts  of  both  are  the 
same;  but  since  States,  when  they  are  once  instituted, 
assume  the  personal  quahties  of  individual  men,  that  law, 
which  when  speaking  of  individual  men,  we  call  the  law 
of  nature,  is  called  the  law  of  nations  when  appUed  to  whole 
States,  nations,  or  peoples."  ^  While  Hobbes  here  identifies 
natural  and  international  law,  he  does  differentiate  the 
subjects  to  which  each  apphes.  In  his  conception  there  is 
no  place  for  positive  or  instituted  law  which  was  conceived 
by  his  predecessor,  Grotius. 

Pufendorf*s  Conception.  —  The  German  writer,  Pufen- 
dorf,  who  while  ambassador  to  Switzerland,  was  imprisoned 
in  violation  of  international  law,  wrote  a  volume  on  inter- 
national law  while  he  was  in  prison.  Doubtless  he  was 
inspired  to  his  task  by  the  breach  of  the  age-long  principle 
of  inviolability  of  an  ambassador's  person  and  premises 
and  by  the  further  fact  that  he  had  ample  time,  while  in 
his  lonely  prison  cell,  to  set  down  his  thoughts.  "  Natural 
law,"  he  wrote,  "  is  that  which  is  so  exactly  fitted  to  suit 
with  the  rational  and  social  nature  of  man  that  he  cannot 
maintain  peaceful  fellowship  without  it.  Positive  law,  on 
the  other  hand,  is  sometimes  called  voluntary,  because  no 
positive  law  has  such  an  agreeableness  with  human  nature 
as  to  be  necessary  in  general  for  the  preservation  of  man- 

1  De  Cive,  cap.  XIV,  sect  4  (1647). 


4  THE  LEAGUE  OF  NATIONS  AND 

kind,  or  as  to  be  known  or  discovered  without  the  help  of 
express  and  pecuUar  promulgation."  ^ 

Elsewhere,  he  held  that  positive  international  law 
actually  flows  from  natural  law,  besides  which  there  is  "  no 
other  sort  of  law  of  nations,  voluntary  or  positive,  at  least 
which  has  the  force  of  law  properly  so  called,  binding  upon 
nations  as  emanating  from  a  superior."  ^  Ji  is  here  seen 
that  Pufendorf  practically  identifies  natural  law,  and  inter- 
national law,  which  he  beheved  had  no  force  unless  it  were 
founded  on  natural  law  itself. 

Phillimore's  Conception.  —  The  eminent  English  au- 
thority, Sir  Robert  PhilUmore,  has  expressed  in  very 
clear  terms  the  relation  between  natural  and  positive 
law: 

"  The  necessity  of  mutual  intercourse  is  laid  down  in 
the  nature  of  States,  as  it  is  of  individuals,  by  God,  who 
willed  the  State  and  created  the  individual.  The  inter- 
course of  nations,  therefore,  gives  rise  to  international  rights 
and  duties,  and  these  require  an  international  law  for  their 
regulation  and  enforcement.  That  law  is  not  enacted  by 
the  will  of  any  common  superior  upon  earth,  but  it  is  enacted 
by  the  will  of  God;  and  it  is  expressed  in  the  consent, 
tacit  or  declared,  of  independent  nations.  The  law  which 
governs  the  external  affairs,  equally  with  that  which  governs 
the  internal  affairs,  of  States  receives  accessions  from  custom 
and  usage,  binding  the  subjects  of  them  as  to  things  which, 
previous  to  the  introduction  of  such  custom  and  usage, 
might  have  been  in  their  nature  indifferent.  Custom  and 
usage,  moreover,  outwardly  express  the  consent  of  nations 
to  things  which  are  naturally,  that  is,  by  the  law  of  God, 
binding  upon  them.    But  it  is  to  be  remembered  that,  in  this 

^  Law  of  Nature  and  of  Nations,  Book  I,  ch.  IV,  sect.  18. 
*  Ibid.,  Book  II,  ch.  lU,  sect.  23. 


THE  NEW  INTERNATIONAL  LAW  5 

latter  case,  usage  is  the  efed  and  not  the  cause  of  the 
law." » 

The  Austinian  School.  —  The  English  jurist,  Austin, 
and  others  who  have  looked  to  him  as  the  expounder  of 
their  views,  denied  that  international  law  was  law  at  all, 
in  the  true  sense.  He  thought  that  there  was  no  inter- 
national law  in  the  same  sense  that  there  is  a  municipal 
law,  because  there  was  no  common  pohtical  superior  to 
enforce  the  former.  His  view  is  the  more  interesting  when 
the  sanctions  established  by  the  Covenant  are  kept  in 
mind.    He  wrote  thus  in  1832: 

"Laws  are  commands  proceeding  from  a  determinate 
rational  being,  or  a  determinate  body  of  rational  beings  to 
which  is  annexed  an  eventual  evil  as  the  sanction.  Such 
is  the  law  of  nature,  more  properly  called  the  law  of  God, 
or  the  divine  law;  and  such  are  political  human  laws 
prescribed  by  pohtical  superiors  to  persons  in  a  state  of 
subjection  to  their  authority.  But  laws  imposed  by  general 
opinion  are  styled  laws  by  an  analogical  extension  of  the 
term.  Such  are  the  laws  which  regulate  the  conduct  of 
independent  pohtical  societies  in  their  mutual  relations, 
and  which  are  called  the  law  of  nations  or  international  law. 
The  law  obtaining  between  nations  is  not  positive  law;  for 
every  positive  law  is  prescribed  by  a  given  superior  or 
sovereign  to  a  person  or  persons  in  a  state  of  subjection  to 
its  author.  The  rule  regarding  the  conduct  of  sovereign 
States,  considered  as  related  to  each  other,  is  termed  law 
by  its  analogy  to  positive  law,  being  imposed  upon  nations 
and  sovereigns,  not  by  the  positive  command  of  a  superior 
authority,  but  by  opinions  generally  current  among  nations. 
The  duties  which  it  imposes  are  enforced  by  moral  sanctions: 
by  fear  on  the  part  of  nations,  or  by  fear  on  the  part  of 

1  Interncctional  Law,  I,  Preface  (1832);  italics  mine. 


6  THE  LEAGUE  OF  NATIONS  AND 

sovereigns,  of  provoking  general  hostility,  and  incurring  its 
probable  evils,  in  case  they  should  violate  maxims  generally 
received  and  respected."  * 

The  Conception  of  International  Law  under  the  League 
of  Nations.  —  From  these  conceptions  of  international  law 
held  from  the  time  of  Grotius  down  to  the  present  time, 
what  satisfying  conclusions  can  be  drawn?  Can  these  older 
views  be  restated  or  harmonized  in  such  a  way  that  a  student 
of  international  law  may  not  be  confused  by  a  variety  of 
conceptions  of  his  science?  And,  finally,  what  conception 
best  harmonizes  with  the  underlying  principles  of  the 
League? 

It  is  evident  at  the  outset  that  the  view  of  Austin  and 
those  who  hold  that  international  law  is  not  positive  law 
must  be  discarded.  One  has  only  to  cite  that  section  of 
the  Versailles  Treaty  which  provides  for  the  trial  of  certain 
Germans  for  the  violation  of  the  laws  and  customs  of  war 
to  convince  those  who  are  inchned  to  doubt  the  existence 
of  positive  law  for  the  nations.  ^  Additional  evidence  is 
furnished  by  the  sanction  article  of  the  Covenant  which 
provides  punishment  for  those  members  who  disregard  the 
principles  agreed  to  in  the  dociunent  (Article  XVI).  The 
inadequacy  of  the  Austin  view  is  well  pointed  out  by  the 
EngUsh  writer,  T.  J.  Lawrence.  He  shows  that  Austin's 
conception  of  law  utilizes  "  one  element  only  [that  is,  force] 
in  the  ordinary  conception  of  law,  elaborating  it  to  the 
exclusion  of  the  rest."  '  Instead  of  making  the  definition 
of  international  law  turn  on  force,  Mr.  Lawrence  suggests 
that  the  universal  desire  for  order  should  be  the  essential 

*  Province  of  Jurisprudence,  pp.  147-148.     (London,  1832.) 

*  See  Article  4  of  the  new  German  constitution,  footnote  to  Appendix  VI.  This 
article  declares  that  the  principles  of  international  law  are  recognized  as  an  integral  part 
of  the  law  of  the  German  Commonwealth.  • 

»  International  Law,  p.  12  (Boston,  1900). 


THE  NEW  INTERNATIONAL  LAW  7 

element  in  the  definition.  The  underlying  philosophy  of 
the  League  of  Nations  is  just  that.  The  purpose  of  the 
League  is  to  make  international  law  the  actual  rule  of 
conduct  to  the  end  that  international  order  may  be  main- 
tained. To  accomphsh  this  purpose  it  adopts  certain 
sanctions  which  will  be  used  as  a  last  resort,  but  the  desire 
for  order  as  expressed  by  the  public  opinion  of  the  world  is 
the  true  and  ultimate  force  which  will  sustain  the  League 
in  its  effort  to  maintain  order  through  international  law. 

Pubhc  opinion  is  based  on  natural  law  which  is  that 
body  of  rules  of  justice  and  right  which  God  the  author  of 
these  rules  unfolds  to  nations  in  their  intercourse  with  one 
another.  But  these  rules  must  be  expressed.  They  cannot 
all  be  expressed  at  once;  as  nations  progress,  however, 
more  and  more  of  the  natural  laws  are  adapted  as  positive 
international  laws.  They  are  made  known  to  all  nations 
through  the  five  methods  of  development  of  international 
law  outlined  elsewhere  in  this  study.  ^  Until  so  expressed 
and  made  known,  they  are  only  potential.  They  are,  to 
adapt  the  phrase  of  Phillimore,  binding  upon  States  in 
matters  which,  "  previous  to  the  introduction  of  custom 
and  usage,  might  have  been  in  their  nature  indifferent.  .  .  . 
Usage  [and  this  last  statement  apphes  to  the  other  methods 
of  developing  the  law]  is  the  efect  and  not  the  cause  of  the 
law."  2 

1  Pp.  8-13. 

*  International  Law,  I,  Preface  (1832);  italics  mine. 


CHAPTER  II 

METHODS  BY  WHICH  INTERNATIONAL  LAW  IS  DEVELOPED 

There  are  five  methods  by  which  international  law 
comes  into  being:  first,  by  agreement  of  eminent  authorities 
upon  a  principle;  second,  by  custom;  third,  by  treaties; 
fourth,  by  judicial  decisions;  and  fifth,  by  international 
congresses. 

Writers.  —  Concerning  this  method  of  developing  the 
law,  the  observation  of  Triepel  respecting  the  right  of 
enemy  merchantmen  to  oppose  capture,  is  to  the  point: 
"  Es  ist  hier  wie  so  oft  in  unserer  Diziplin  gegangen:  der 
Spatere  schrieb  von  den  Fruheren  ab,  ohne  sich  viel  Ge- 
danken  zu  machen."  ^ 

While  the  influence  of  learned  writers  upon  the  develop- 
ment of  international  law  has  been  considerable,  ^  in  the 
very  nature  of  things  their  opinions  can  only  aid  in  the  slow 
process  of  developing  the  law.  Particularly  is  this  true 
regarding  questions  which  are  of  a  broad  and  complex 
nature  or  which  involve  national  interest.  In  no  better 
way  can  this  point  be  illustrated  than  by  a  consideration 
of  the  opinions  of  authorities  concerning  the  great  law  of 
angary  which  was  apphed  by  the  Allied  and  Associated 
Powers,  particularly  the  United  States  and  Great  Britain, 
when  they  took  over  1,000,000  tons  of  Dutch  shipping  in 

*  H.  Triepel,  "Wideratand  feindlicher  Handelsschiffe  gegen  die;Aiifbringung,"  Zeii- 
schriftfiir  VHkerrecht,  VIH,  p.  392. 

'  Upon  receiving  some  copies  of  Vattel's  work  on  international  law,  Benjamin  Frank- 
lin wrote  in  1775  that  it  had  come  to  him  "in  good  season,  when  the  circumstances  of  a 
rising  State  made  it  necessary  frequently  to  consult  the  law  of  nations,"  and  that  the  work 
"has  been  continually  in  hands  of  the  members  of  our  Congress  now  sitting,"  Wharton's 
Diplomatic  Correspondence  of  the  American  Rewltdion,  II,  p.  64. 


THE  NEW  INTERNATIONAL  LAW  9 

1918  during  the  World  War.  The  range  of  opinions  re- 
garding this  law  extended  from  those  denying  entirely  the 
right  to  apply  the  law,  to  those  which  held  it  might  be 
apphed  even  in  case  of  a  customary  mihtary  necessity. 
Among  sixty-eight  authorities  treating  the  subject,  fifty 
were  of  the  opinion  that  the  law  was  apphcable,  while 
eighteen  beUeved  that  it  was  not.^  Other  examples  of 
questions  as  to  which  wide  difference  of  opinion  exists 
among  authorities  is  the  obligation  to  ratify  treaties,  and 
the  immimity  of  private  property  from  capture  at  sea. 

Custom.  —  A  rule  of  customary  law  may  be  described 
as  a  rule  which  is  legally  necessary  and  permissible  and 
which  develops  from  oft-repeated  practices  and  procedure 
among  the  nations.  The  body  of  rules  respecting  ambassa- 
dors and  ministers  have  largely  developed  by  this  method. 
The  diplomatic  privileges  and  immunities  which  these 
representatives  enjoy  are  for  the  most  part  the  outcome 
of  a  long  historical  and  cumulative  growth. 

The  international  commission  and  administrative  agen- 
cies develop  customary  international  law.  Speaking  of 
the  international  commissions  which  served  in  connection 
with  the  making  of  the  Versailles  Treaty  of  1919,  Professor 
Charles  H.  Haskins  of  Harvard  who  served  on  the  Saar 
Basin  Conunission  said:  "  Considered  at  first  as  gatherers 
and  sifters  of  evidence  these  commissions  tended  to  acquire 
more  responsibihty  and  to  make  their  reports  in  the  form 
of  draft  articles  for  the  treaty.  .  .  .  The  historian  of  the 
future  will  be  able  to  compare  the  printed  minutes  and 
reports,  and  see  how  far  they  were  followed."  ^ 

While  the  temporary  commissions  thus  actually  wrote 

*  J.  E.  Harley,  "The  Law  of  Angary,"  Am.  Jour.  Int.  Law,  April,  1919,  p.  275. 

*  From  a  lecture  delivered  in  Boston  under  the  auspices  of  the  Lowell  Listitute, 
Jan.  6, 1920.    Boston  Evening  Transcript,  Jan.  7, 1920. 


10  THE  LEAGUE  OF  NATIONS  AND 

into  the  treaty  principles,  some  of  which  will  become  inter- 
national law  by  virtue  of  being  agreed  to  by  many  nations, 
the  more  permanent  commissions  should,  in  the  nature  of 
the  case,  be  more  fruitful  in  developing  principles  of  the 
law.  After  the  Lower  Danube  Commission  had  been  in 
operation  for  some  time,  the  European  Powers  which  took 
part  in  that  commission  declared  that  the  arrangement 
relating  to  the  administration  of  the  river  "  henceforth 
forms  a  part  of  the  pubhc  law  of  Europe  and  is  placed  imder 
their  guarantee."  ^  It  is  from  the  numerous  commissions 
set  up  by  the  League  Covenant  and  the  Versailles  Treaty 
that  international  law  will  derive  many  of  its  principles. 

Treaties.  —  The  so-called  conventional  international 
law  is  developed  by  treaties.  When  treaties  between  a 
considerable  number  of  nations,  particularly  the  great 
Powers,  substantially  agree  as  regards  a  given  subject, 
the  principles  so  agreed  on  are  soon  regarded  as  international 
law.  As  in  case  of  customary  law,  however,  this  method 
of  developing  the  law  is  slow.  Changing  conditions  develop 
needs  which  should  be  met  before  waiting  for  conventional 
law  to  be  brought  into  being.  Moreover,  the  conventional 
method  is  an  inadequate  way  of  attaining  universal  recog- 
nition of  a  rule.  Carried  to  the  extreme  case,  each  Power 
would  by  this  method  have  to  make  a  treaty  with  every 
other  Power,  and  if  48  Powers  are  considered,  a  total  of 
1128  treaties  would  have  to  be  made.^ 

The  network  of  concihation  treaties  concluded  by 
Mr.  Bryan  in  1913  and  1914  while  he  was  Secretary  of 
State  went  far  on  the  road  toward  universahty,  but  only 

^  Edward  Krehbiel,  "The  European  Commission  of  the  Danube,"  Polit.  Sci.  Quart. 
March.  1918,  p.  38. 

*  If  n  is  the  number  of  Powers,  the  number  of  possible  treaties  is  expressed  by  the 

formula • 


THE  NEW  INTERNATIONAL  LAW  11 

thirty  such  treaties  were  concluded  between  the  United 
States  and  other  Powers.  How  much  more  satisfactory 
is  it  to  sign  a  common  document  hke  The  Hague  Con- 
ventions or  the  Versailles  Covenant ! 

Judicial  Decisions.  —  The  principles  laid  down  by  the 
judicial  decisions  of  national  courts  often  receive  acceptance 
as  principles  of  international  law,  particularly  prize  de- 
cisions.^ The  judge  who  sits  on  a  prize  case  is  expected  to 
apply  international  law  to  that  case.  Some  judges,  notably 
Lord  Stowell  of  Great  Britain,  have  been  so  far  able  to 
disregard  national  prejudice  that  they  have  rendered  de- 
cisions of  remarkable  fairness,  and  have  actually  appUed 
international  law  as  it  relates  to  prizes. 

The  Constitution  of  the  United  States  is  not  now  what 
it  was  in  1789.  During  the  course  of  the  one  hundred  and 
thirty  years  of  its  life,  it  has  been  given  a  wealth  of  new 
meaning  in  accordance  with  the  changing  conditions  of  the 
country.  Learned  judges  have  read  into  its  four  corners 
meanings  of  which  its  framers  never  dreamed,  but  those 
interpretations  have  been  admirably  consistent  with  the 
spirit  of  the  great  document.  A  great  body  of  law  which 
today  governs  the  United  States  is  found  in  the  reports  of 
the  decisions  of  the  Supreme  Court. 

In  the  field  of  international  law  fifteen  cases  have  been 
decided  by  the  court  estabhshed  by  the  conventions  of 
1899  and  1907,  signed  at  The  Hague.  Undoubtedly  these 
decisions  will  form  precedents.  Speaking  of  the  1907  project 
for  a  Judicial  Arbitration  Court,  Dr.  James  Brown  Scott 
said:  "  It  was  felt  that  there  would  be  continuity  in  their 
(the  judges')  decisions,  with  the  result  that  international 

^  The  Carnegie  Endowment  is  publishing  American  Prize  Decisions,  embracing  173 
cases  heard  by  the  Supreme  Court  of  the  United  States  between  1789  and  1918.  Bee 
note  Am.  Hist.  Rev.  Jan,  1920,  p.  355. 


12  THE  LEAGUE  OF  NATIONS  AND 

law  would  be  developed  by  its  judgments,  just  as  national 
law  is  developed  by  the  decisions  of  national  courts."  ^  The 
proposed  Permanent  Court  of  International  Justice  should 
give  continuity  to  international  law. 

International  Congresses.  —  Finally,  the  most  prolific 
and  the  most  satisfactory  method  of  developing  inter- 
national law  is  by  means  of  the  international  congress. 
From  such  congresses,  remarks  Professor  Krehbiel,  "  codified 
law  springs  into  being  full-fledged."  ^  Various  congresses 
formulated  principles  which  up  to  the  time  of  the  first 
Hague  Conference  had  been  accepted  as  international  law. 
Among  the  most  important  of  these  might  be  mentioned 
the  Congress  of  Paris,  1856,  and  the  Geneva  Congress  of 
1864.  Many  of  the  principles  agreed  on  at  the  latter 
congress  were  incorporated  into  the  Hague  Conventions, 
particularly  Conventions  IV  and  X  of  1907.  They  form 
the  most  authoritative  existing  statement  of  international 
law  apphcable  to  the  matters  with  which  they  treat.  The 
second  Hague  Conference  made  the  accompUshment  of 
the  first  its  point  of  departure,  improving  upon  certain 
parts  of  the  work  of  the  first  conference  and  adding  new 
principles  to  meet  new  conditions.  So  universally  were  the 
Hague  regulations  recognized  as  the  latest  and  most  au- 
thoritative statement  of  international  law  regarding  the 
subject-matter  treated  that  all  recent  texts  base  their 
discussions  upon  these  provisions,  in  many  cases  quoting 
widely  therefrom. 

Even  before  the  formulation  of  the  League  Covenant, 
leading  students  of  international  affairs  expressed  cogently 
their  behef  that  further  advancement  should  be  made  upon 
the  foundations  laid  at  The  Hague.     "  The  Conventions 

*  Judicial  SetAement  of  Internationcd  Disputes,  Feb.  1914,  p.  9. 

*  "The  European  Commission  of  the  Danube/'  Pol.  Sd.  Quart.,  March  1918.  p.  43. 


THE  NEW  INTERNATIONAL  LAW  13 

adopted  at  the  Hague  Conferences,"  said  Professor  Fen- 
wick,  "  are  undoubtedly  a  step  forward  in  the  task  of 
codifying  international  law,  for  with  all  their  limitations 
they  represent  an  attempt  on  the  part  of  the  nations  to 
define  the  common  practice  of  the  past  with  the  addition 
of  many  new  rules  of  a  progressive  character."  ^  "In  my 
opinion,"  said  the  eminent  Enghsh  authority,  Oppenheim, 
"  a  League  of  Nations  should  start  from  where  the  two 
Hague  Conferences  have  left  the  work."  ^  Likewise  Presi- 
dent Butler  of  Columbia  believed  that  "  if  the  votes  of  the 
two  Hague  Conferences  of  1899  and  1907  be  taken  as  a 
starting  point  it  should  not  be  diflScult  to  put  into  the  draft 
plan  a  succinct  statement  of  the  principles  of  international 
law  upK)n  which  the  whole  civiUzed  world  will  agree."^^ 
In  his  letter  of  March  29,  1919  to  Mr.  Hays,  Mr.  Root 
stated  that  "  the  two  great  international  conferences  at 
The  Hague  in  1899  and  1907  .  .  .  made  great  progress 
in  agreeing  upon  and  codifying  the  rules  of  international 
law  which  this  court  [the  permanent  court  of  arbitration] 
was  to  administer." 

From  these  considerations  the  conclusions  may  be  drawn 
that  leading  students  are  agreed,  first,  that  international 
congresses  are  the  best  channel  by  which  international  law 
can  be  developed;  and  second,  that  the  work  of  the  con- 
gresses at  The  Hague  should  be  made  the  basis  of  future 
endeavor. 

^  Fenwick,  C.  G.,  "Codification  of  Int.  Law,"  Am.  Pol.  Sci.  Rev.,  May,  1918,  p.  301. 

»  World  Court,  Feb.,  1818,  p.  74. 

»  "The  Period  of  Aloofness  is  Past,"  World  Court,  March,  1919,  p.  208. 


CHAPTER   III 

CODIFICATION  OF   INTERNATIONAL  LAW 

Realizing  the  unsatisfactory  condition  of  international 
law,  many  authorities  and  societies  have  suggested  that  in 
so  far  as  the  development  in  certain  branches  have  made  it 
practicable,  international  law  should  be  definitely  formulated 
and  codified.  It  is  certain  that  there  is  a  need  for  injprove- 
ment  in  the  condition  in  which  international  law  now 
stands. 

Two  notable  attempts  to  draw  up  draft  codes  have  been 
made  by  individuals,  both  in  the  year  1872.  In  the  preface 
to  his  Draft  Outlines  of  an  International  Code,  David  Dudley 
Field,  the  American  jurist,  explains  how  he  came  to  under- 
take such  a  task.  It  was  the  original  plan  as  proposed  by 
Mr.  Field  before  the  British  Association  for  the  Promotion 
of  Social  Science,  to  have  jurists  of  several  nations  assigned 
a  special  field  upon  which  to  formulate  the  laws;  they 
were  to  exchange  their  views  and  finally  agree  upon  a 
completed  draft.  As  might  be  expected  from  the  difficulties 
of  such  a  gigantic  task,  the  original  plan  was  not  carried 
through,  although  the  jurists  were  actually  appointed.  With 
a  resolution  which  must  have  been  remarkable,  Mr.  Field 
essayed  the  task  of  drawing  up  the  bare  outlines  of  a  com- 
plete code  of  international  law.  It  was  a  noble  attempt 
but  such  a  task  can  not  be  imdertaken  by  any  one  individual, 
however  learned. 

In  the  same  year  the  German  pubHcist,  BluntschH, 
published  a  volume  in  which  he  attempted  to  set  forth  the 

u 


THE  NEW  INTERNATIONAL  LAW  15 

principles  of  international  law  in  draft  form.^  He  was  influ- 
enced by  letters  received  from  Francis  Lieber  who  had 
drawn  up  a  code  for  the  guidance  of  the  American  armies 
in  the  field.  "  Ihr  glucklicher  Gedanke,  der  amerikanischen 
Armee  ein  kurz  gefasstes  Kriegsrecht  als  Instruction  ins 
Feld  mitzugeben,  und  mit  Mahnungen  des  Rechts  die 
wilden  Leidenschaften  des  Kriegs  mogUchst  zu  zahmen, 
hat  mich  zuerst  zu  dem  Vorsatze  angeregt,  die  Grundzuge 
des  modernen  Volkerrechts  in  Form  eines  Rechtsbuchs 
darzustellen,  und  Ihre  Briefe  haben  mich  ermutligt,  dieses 
Wagniss  durchzufUhren.  Ihre  Kriegsartikel  haben  durch 
die  Autoritat  des  Prasidenten  Lincoln  eine  amtliche  Ver- 
starkung  erhalten,  welche  mein  Rechtsbuch  volUg  entbehren 
muss."  2 

Like  Field's  code  the  work  of  Bluntschli  failed  to  receive 
acceptance  as  a  universal  code,  although  it  had  considerable 
influence  in  fixing  many  principles.  The  work  of  Lieber 
formed  the  basis  of  the  laws  and  customs  of  war  on  land 
which  were  formulated  at  the  Brussels  Conference  in  1874 
and  revised  by  the  Hague  Conference  of  1899.  It  also 
suggested  the  possibility  of  drawing  up  rules  for  maritime 
warfare,  and  in  1899  the  Powers  signatory  to  the  third 
Hague  Convention,  "  adapted  to  maritime  warfare  the 
principles  of  the  Geneva  Convention  of  22d  August, 
1864."  3 

Is  the  Assembly  of  the  League  to  be  a  body  which  will 
agree  upon  principles  of  international  law  appHcable  to 
all  members  of  the  League?  In  the  composite  plan  sub- 
mitted by  Leon  Bourgeois  to  President  Wilson  and  the 
Premiers  of  France,  Italy,  and  Great  Britain,  the  fourth 


*  Das  moderne  Volkerrecht  der  civUisierten  Staaten  als  Rechtsbuch  dargestellt  (1872). 

*  Quoted  by  Dr.  Bluntschli  in  the  preface  to  his  Draft  Code. 
»  Preamble  to  Convention  III  of  1899. 


16  THE  LEAGUE  OF  NATIONS  AND 

point  provided  that  the  members  of  the  League  should 
"  estabhsh  an  international  representative  council  which 
will  provide  for  the  development  of  international  law."  ^ 

In  answer  to  President  Wilson's  request  that  neutrals 
send  in  proposed  amendments  to  the  original  draft  of  the 
Covenant,  the  International  Conference  ^  of  the  League 
of  Nations  Societies  which  met  at  Berne  from  March  6-13, 
1919,  suggested  that  "  an  international  Parliament  elected 
by  the  people  should  replace  the  assembly  of  delegates 
proposed  in  the  Paris  text.  This  Parhament  should  have 
full  prerogatives  and  legislative  powers,  each  country 
electing  one  member  for  each  1,000,000  inhabitants."  The 
Commission  on  the  League  of  Nations  properly  decided 
that  the  world  is  not  yet  ready  for  such  a  Parhament. 
Periodic  congresses  are  at  present  the  most  feasible  and 
satisfactory  method  of  developing  the  law. 

The  fourth  point  of  the  program  of  the  League  to 
Enforce  Peace,  adopted  November  23,  1918,  provides  for 
a  "  representative  Congress  to  formulate  and  codify  rules 
of  international  law."  The  third  point  of  the  program  of 
the  World  Court  League  likewise  provides  for  "  periodic 
international  conferences  to  formulate  and  codify  rules  of 
international  law  to  govern  the  decisions  of  the  World 
Court  in  all  cases,  except  those  involving  any  constituent 
State  which  has  within  the  fixed  period  signified  its  dissent."  * 
One  of  the  Recommendations  of  Havana  suggested  January 
23,  1917,  by  the  American  Institute  of  International  Law 
provides  for  "  A  stated  meeting  of  The  Hague  Peace 
Conference,  which,  thus  meeting  at  regular,  stated  periods, 

*  Plan  agreed  on  by  the  League  of  Nations  Associations  of  the  United  States,  Great 
Britain,  France,  Italy,  and  others.     Boston  Evening  Transcript,  Feb.  3,  1919. 

*  Composed  of  delegates  from  sixty  associations  favoring  a  League  of  Nations. 
Boston  Evening  Transcript,  May  13,  1919. 

»  From  platform  of  Feb.,  1919,  World  Court. 


THE  NEW  INTERNATIONAL  LAW  17 

will  become  a  recommending  if  not  a  law-making  body."  ^ 
The  British  League  of  Free  Nations  Association  declared 
that  "  The  Council  of  the  League  should  .  .  .  provide  for 
the  codification,  amendment,  and  extension  of  international 
law."  2 

One  of  the  additions  which  Mr.  Root  proposed  should 
have  been  made  to  the  original  draft  of  the  Covenant  was 
that  "  The  Executive  Council  shall  call  a  general  conference 
of  the  powers  to  meet  not  less  than  two  years  or  more  than 
five  years  after  the  signing  of  this  convention  for  the  purpose 
of  reviewing  the  condition  of  international  law,  and  of 
agreeing  upon  and  stating  in  authoritative  form  the  princi- 
ples and  rules  thereof." '  "  I  beheve,"  said  Secretary  of 
State  Lansing,  that  the  adoption  of  "an  international  code 
of  principles  for  the  guidance  of  an  International  Court  of 
Justice  is  as  essential  as  the  creation  of  the  court  itseK.  .  .  . 
Let  us  draft  a  simple  and  concise  body  of  legal  principles 
to  be  applied  to  the  questions  to  be  adjudicated."  * 

Nothing  is  contained  in  the  Covenant  which  gives  to 
the  Assembly  tJie  express  power  of  agreeing  on  principles 
of  international  law.  Article  III  provides  that  "  The 
Assembly  shall  meet  at  stated  intervals  and  from  time  to 
time  as  occasion  may  require.  .  ,  ."  At  these  meetings  it 
may  deal  with  "  any  matter  within  the  sphere  of  action 
of  the  League  or  affecting  the  peace  of  the  world."  And  by 
Article  XIX  it  may  consider  international  conditions  whose 
continuance  might  endanger  the  peace  of  the  world. 

It  may  be  that  the  need  for  definite  principles  of  inter- 
national law  will  be  so  keenly  felt  that  the  members  of  the 
League  will  allow  the  Assembly  to  formulate    principles 

»  World  CouH,  Aug.,  1918,  p.  475.  *  Ibid.,  Nov.,  1918,  p.  673. 

»  See  his  letter  to  Mr.  Hays,  March  29, 1919,  Am.  Jl.  Int.  Law,  July,  1919. 

*  From  an  address  before  the  American  Bar  Association,  Boston,  Sept.  5,  1919. 


18  THE  LEAGUE  OF  NATIONS 

which  to  be  binding  would  have  to  be  ratified  by  the  greater 
Powers.  It  is  unUkely  that  the  most  powerful  members  of 
the  League  would  feel  an  obligation  to  accept  the  recom- 
mendations of  the  Assembly  unless  they  wej-e  allowed 
freedom  of  action  in  accepting  those  recommendations. 

At  any  rate,  there  appears  a  vital  need  for  a  body  which 
can  agree  on  rules  of  international  law.  One  of  the  reasons 
for  the  creation  of  the  League  is  to  achieve  international 
peace  by  the  firm  estabhshment  of  the  understandings  of 
international  law  as  the  actual  rule  of  conduct  among 
Governments.  Unless  it  is  clearly  known  what  these  under- 
standings are,  it  is  obvious  that  one  of  the  cardinal  purposes 
of  the  League  cannot  be  fulfilled. 


CHAPTER  IV 

THE   INTERNATIONAL   LABOR    ORGANIZATION 

The  International  Labor  Organization  created  by  the 
Covenant  and  treaty  bids  fair  to  make  some  contributions 
to  international  law.  The  permanent  machinery  of  this 
organization  is  associated  with  that  of  the  League  of  Nations 
(Article  427).  The  reason  for  such  association  is  that  peace 
can  be  established  only  if  justice  among  the  workers  exists, 
"  Whereas  the  League  of  Nations  has  for  its  object  the 
establishment  of  universal  peace  and  such  a  peace  can  be 
established  only  if  it  is  based  upon  social  justice  "  (preamble, 
Part  XIII,  Sect.  I).  The  original  members  of  the  League 
are  the  original  members  of  the  labor  organization  (Article 
392). 

A  General  Conference  of  representatives  of  members  of 
the  League,  chosen  according  to  the  stipulations  of  Article 
389,  is  held  from  time  to  time  and  at  least  once  a  year. 
The  proposals  of  these  conferences,  determined  by  a  two- 
thirds  vote  of  the  delegates  present,  are  referred  back  to 
the  respective  Governments  in  the  form  of  recommendations 
to  be  made  effective  by  national  legislation  or  by  ratification 
if  the  proposals  are  made  in  the  form  of  draft  conventions 
(Article  405).  The  members  agree,  within  eighteen  months, 
to  bring  the  recommendations  before  the  proper  national 
authorities  for  action,  but  obligation  ceases  if  such  authori- 
ties fail  to  pass  the  necessary  legislation  or  to  ratify  the 
draft  convention.  In  the  case  of  a  federal  State  where 
constitutional  limitations  regarding  draft  conventions  exist, 
such  a  convention  may  be  treated  as  a  recommendation  so 

19 


«0  THE  LEAGUE  OF  NATIONS  AND 

far  as  procedure  is  concerned.  A  member  which  refuses  to 
refer  the  recommendations  to  the  proper  authorities  of  its 
Government  makes  itself  liable  to  have  the  matter  in- 
vestigated by  a  Commission  of  Inquiry  or  to  have  it  made 
the  subject  of  a  decision  of  the  Permanent  Court  of  Inter- 
national Justice  (Articles  411,  416). 

The  immediate  contribution  of  the  labor  organization 
to  international  law  is  best  shown  by  a  consideration  of  the 
nine  principles  agreed  on  in  Article  427.^  These  are  the 
first  fundamental  and  authoritative  principles  regarding 
labor  ever  drawn  up  by  an  international  conference.  They 
are  not  yet,  strictly  speaking,  principles  of  international 
law.  They  are  principles  which  the  members  think  "  all 
industrial  communities  should  endeavor  to  apply " ;  they 
are  regarded  as  of  "  special  and  urgent  importance " 
and  as  well  fitted  to  "  guide  the  poUcy  of  the  League  of 
Nations  " ;  and  finally,  they  are  regarded  as  capable  of 
conferring  "  lasting  benefits  upon  the  wage  earners  of  the 

*  These  nine  principles  are: 

1.  The  principle  that  labor  should  not  be  regarded  merely  as  a  commodity  or  article 
of  commerce. 

«.  The  right  of  association  for  all  lawful  purposes  by  the  employed  aa  well  as  by  the 
employers. 

8.  The  payment  to  the  employed  of  a  wage  adequate  to  maintain  a  reasonable  stand- 
ard of  life  as  this  is  understood  in  their  time  and  country. 

4.  The  adoption  of  an  eight-hours  day  or  a  forty-eight  hoiu^  week  as  the  standard 

to  be  aimed  at  where  it  has  not  already  been  attained. 

5.  The  adoption  of  a  weekly  rest  of  at  least  twenty-four  hoiurs,  which  should  include 

Sunday  wherever  practicable. 

6.  The  abolition  of  child  labor  and  the  imposition  of  such  limitations  on  the  labor 

of  young  persons  as  shall  permit  the  continuation  of  their  education  and  assure 
their  proper  physical  development. 

7.  The  principle  that  men  and  women  should  receive  equal  remuneration  for  work 

of  equal  value. 

8.  The  standard  set  by  law  in  each  country  with  respect  to  the  conditions  of  labor 

should  have  due  regard  to  the  equitable  economic  treatment  of  all  workers 
lawfully  resident  therein. 

9.  Each  State  should  make  provision  for  a  system  of  inspection  in  which  women 

should  take  part  in  order  to  insure  the  enforcement  of  the  laws  and  regulations 
for  the  protection  of  the  employed.    (Article  427.) 


THE  NEW  JNTERNATIONAL  LAW  21 

world  "  (Article  427) .  It  is  highly  probable  that  if  a  question 
arises  which  involves  any  of  these  principles,  an  international 
court  will  feel  justified  in  recurring  to  them  as  the  best 
indication  of  what  the  law  is  or  ought  to  be.  In  the  absence 
of  other  agreements  between  the  members,  what  could  be 
more  authoritative  or  better  fitted  to  guide  a  court  than 
the  recommendations  of  an  international  conference  of 
delegates  duly  accredited  by  the  Governments  of  the 
members  of  the  League? 


CHAPTER  V 

INTERNATIONAL   LAW   DURING   THE   WAR 

Applicability  of  the  Hague  Conventions.  —  It  has  often 
been  said  by  those  unfamiliar  with  the  Hague  Conventions 
that  they  were  totally  disregarded  during  the  course  of  the 
war.  Such  a  statement  is  only  partially  true.  Some  of 
the  conventions  were  observed. 

Convention  IV  of  1907  relating  to  "  The  Laws  and 
Customs  of  War  on  Land  "  was  not  appHcable  during  the 
war.  Article  2  of  this  convention  provides  that  the  regula- 
tions shall  not  apply  except  between  contracting  Powers, 
and  then  only  if  all  the  belhgerents  are  parties  to  the  conven- 
tion. Since  several  of  the  belhgerents,  notably  Bulgaria 
and  Turkey,  had  not  ratified,  it  is  clear  that  they  were  not 
parties  to  the  convention,  hence  all  the  Powers  which  had 
ratified  were  released  from  their  legal  obligations;  it  was 
inapplicable  because  the  condition  necessary  for  its  appH- 
cability  was  non-existent. 

The  rules  of  Convention  II  of  1899  did  apply,  however, 
for  by  Article  4  of  Convention  IV  of  1907,  it  is  expressly 
provided  that  "  The  Convention  of  1899  remains  in  force 
as  between  Powers  which  signed  it,  and  which  do  not  also 
ratify  the  present  convention."  ^  All  of  the  belligerents 
ratified  the  1899  convention  and  it  is  for  the  violation  of  its 
provisions  that  the  Versailles  Treaty  provides  for  the  trial 
of  certain  Germans  for  breach  of  the  laws  and  customs  of 
war. 

The  provisions  of  Article  I  of  Convention  III  of  1907 

»  Scott,  J.  B.,  The  Hague  Conventions  and  Declarations  of  1899  and  1907,  p.  103. 

22 


THE  NEW  INTERNATIONAL  LAW  23 

relating  to  the  outbreak  of  hostilities  were  generally  ob- 
served. It  is  provided  that  hostilities  shall  not  begin 
"  without  previous  and  explicit  warning,  in  the  form  either 
of  a  declaration  of  war,  giving  reasons,  or  of  an  ultimatum 
with  conditional  declaration  of  war.^  Neutrals  were  gener- 
ally notified  of  the  existence  of  a  state  of  war  as  required 
by  Article  2  of  this  convention. 

Conventions  V,  VI,  VII,  VIII,  IX,  X,  XI,  XHI,  of 
1907,  were  legally  inapplicable  since  each  (Articles  20, 
6,  7,  7,  8,  18,  9,  and  28,  respectively)  contained  the  following 
clause:  "  The  provisions  of  the  present  convention  do  not 
apply  except  between  contracting  Powers  and  then  only 
if  all  the  belligerents  are  parties  to  the  convention."  ^ 
Morally,  however,  there  existed  upon  all  the  signatories 
certain  obligations  to  regard  the  humanitarian  aims  of  the 
conventions.  The  moral  obligation  of  today  may,  and 
often  does  become,  the  legal  obhgation  of  tomorrow. 

Declaration  XIV  of  1907  prohibiting  "  the  discharge  of 
projectiles  and  explosives  from  balloons  or  by  other  new 
methods  of  a  similar  nature  "  ^  was  not  binding  on  any  of 
the  belligerents  because  it  was  not  ratified  by  Germany, 
France,  Austria-Hungary  and  other  belHgerent  Powers. 
They  would  be  considered  non-contracting  Powers  in  the 
meaning  of  the  clause  providing  that  the  Declaration 
"shall  cease  to  be  binding  from  the  time  when,  in  a  war 
between  the  contracting  Powers,  one  of  the  belHgerents  is 
joined  by  a  non-contracting  Power."  ^  This  same  clause 
appears  in  Declaration  IV  of  1899  which  was  binding 
until  the  United  States,  which  never  ratified,  joined  the 
belHgerents.  This  Declaration  provides  that  "  the  contract- 
ing Powers  agree  to  abstain  from  the  use  of  projectiles  the 

^  Scott,  p.  96.      2  Scott,  pp.  137,  142,  147,  152,  159,  172,  184,  and  215. 
3  Scott,  p.  220.         4  Scott,  p.  221. 


U  THE  LEAGUE  OF  NATIONS  AND 

sole  object  of  whicli  is  the  diflfusion  of  asphyxiating  or 
deleterious  gases."  ^  It  was  violated  before  the  belligerents 
were  released  from  its  legal  obHgation  by  the  entrance  of 
the  United  States  into  the  war.  Gases  were  used  shortly 
after  the  outbreak  of  the  war  in  1914.  This  was  one  of  the 
clearest  breaches  of  the  Hague  agreements  by  Germany. 
The  opposing  side  cannot  be  held  for  violation  if  the  contract 
is  broken  by  one  party.  Until  the  entrance  of  the  United 
States  into  the  war.  Declaration  TV  of  1899  was  binding 
upon  the  belhgerents.  It  provides  against  the  use  of 
"  bullets  which  expand  or  flatten  easily  in  the  human  body, 
such  as  bullets  with  a  hard  envelope  which  does  not  entirely 
cover  the  core  or  is  pierced  with  incisions."  ^  Violations  of 
this  provision  also  occurred. 

The  belhgerents  were  further  bound  by  the  preamble 
of  Convention  II  of  1899  providing  that  "  until  a  more 
complete  code  of  the  laws  of  war  is  issued,  the  high  contract- 
ing parties  think  it  right  to  declare  that  in  cases  not  in- 
cluded in  the  Regulations  adopted  by  them,  populations 
and  belhgerents  remain  under  the  protection  and  empire 
of  the  principles  of  international  law,  as  they  result  from 
the  usages  estabhshed  between  civihzed  nations,  from  the 
laws  of  humanity,  and  the  requirements  of  the  public 
conscience."  ^ 

By  Article  228  of  the  Treaty  of  Versailles  the  German 
Government  recognizes  the  right  of  the  Alhed  and  Asso- 
ciated Powers  to  bring  before  miUtary  tribunals  persons 
accused  of  having  committed  acts  in  violation  of  the  laws 
and  customs  of  war.  Such  persons  shall,  if  found  guilty, 
be  subject  to  punishments  laid  down  by  the  law.  It  is 
not  clear  just  what  punishments  will  be  inflicted  upon  those 
found  guilty.     The  commission  charged  with  fixing  the 

1  Scott,  p.  225.  »  Ibid.,  p.  227.  »  Ibid.,  pp.  101-102. 


THE  NEW  INTERNATIONAL  LAW  25 

responsibility  for  the  war,  of  which  Secretary  of  State 
Lansing  was  chairman,  reported  that  it  was  desirable  for 
the  future  that  "  penal  sanctions  should  be  provided  for 
such  grave  outrages  against  the  elementary  principles  of 
international  law."  ^  This  article  of  the  treaty  and  report 
by  the  commission  constitute  one  of  the  strongest  ac- 
knowledgments ever  made  of  the  validity  of  international 
law.  Only  the  laws  of  war  —  not  those  of  peace  —  were 
endangered  by  the  war,  and  it  was  for  violations  of  the  laws 
of  war  that  Germany  received  the  condemnation  of  the 
world  through  its  combined  public  opinion.  That  fact 
makes  the  outlook  for  the  international  law  of  the  future 
very  hopeful  indeed. 

The  Trial  of  William  11  and  the  Sanctity  of  Treaties.  — 
Provision  is  made  by  Article  227  of  the  Versailles  Treaty 
for  the  trial  of  WilHam  II  of  HohenzoUern  '*  for  a  supreme 
offense  against  international  morahty  and  the  sanctity  of 
treaties,"  the  decision  to  be  based  on  the  highest  motives 
of  "  international  policy  with  a  view  to  vindicating  the 
solemn  obligations  of  international  undertakings  and  the 
validity  of  international  morahty."  The  extent  to  which 
this  provision  upholds  and  strengthens  international  law 
is  made  clearer  by  a  brief  consideration  of  what  is  meant 
by  the  sanctity  of  treaties  in  this  particular  case.  By  the 
treaties  of  1831  and  1839,  Germany  agreed  to  respect  the 
neutrality  of  Belgium.  On  January  7,  1871,  Germany 
joined  in  the  following  declaration:  "  The  plenipotentiaries 
of  North  Germany,  of  Austria-Hungary,  of  Great  Britain, 
of  Italy,  of  Russia,  and  of  Turkey,  meeting  today  in 
conference  have  agreed  that  it  is  an  essential  principle  of 
the  law  of  nations  that  no  Power  can  unbind  itself  of  the 

^  Quoted  by  Mr.  Lansing  in  an  address  before  the  American  Bar  Association,  Boston, 
Sept.  5,  1919,  Boston  Evening  Transcript,  Sept.  5, 1919. 


26  THE  LEAGUE  OF  NATIONS  AND 

obligations  of  a  treaty  or  qualify  its  stipulations,  except 
with  the  consent  of  the  contracting  Parties  by  way  of  an 
amicable  agreement."  ^  This  declaration  was,  of  course, 
appUcable  to  the  treaties  guaranteeing  the  neutrahty  of 
Belgium. 

Article  I  of  Convention  V  of  1907  was  ratified  by  Ger- 
many, and  while,  as  noted  above,  it  was  not  binding  legally, 
it  nevertheless  was  binding  morally.  It  is  a  statement  of 
the  principle  which  all  nations  ought  to  respect  even  in  the 
absence  of  a  special  agreement,  that  neutral  territory  should 
be  respected  by  belligerents.  "  When,"  said  former  Secre- 
tary of  State  Root,  "  we  recall  Mansfield's  familiar  descrip- 
tion of  international  law  as  *  founded  upon  justice,  equity, 
convenience,  the  reason  of  the  thing,  and  confirmed  by 
long  usage,'  we  may  well  ask  ourselves  whether  that  general 
acceptance  which  is  necessary  to  the  establishment  of  a 
rule  of  international  law  may  be  withdrawn  by  one  or 
several  nations  and  the  rule  be  destroyed  by  that  with- 
drawal so  that  the  usage  ceases  and  the  whole  subject  to 
which  it  relates  goes  back  to  its  original  status  as  matter 
for  new  discussion  as  to  what  is  just,  equitable,  convenient 
and  reasonable."  ^  It  was  with  some  of  the  considerations 
mentioned  above  in  his  mind,  that  President  Wilson  de- 
clared that  "  Belgium,  the  whole  world  will  agree,  must  be 
evacuated  and  restored.  .  .  .  Without  this  healing  act  the 
whole  structure  and  validity  of  international  law  is  forever 
impaired.*'  ^ 

The  Covenant  itself  is  calculated  to  strengthen  that 
principle  of  international  law  which  recognizes  the  sanctity 
of  treaties.    It  provides  (Article  XVIII)  that  every  treaty 

1  British  Foreign  State  Papers  61,  pp.  1198-1199. 

*  "The  Outlook  for  International  Law,"  World  Peace  Foundation,  Vol.  VI,  No.  3, 
June,  1916.    An  address  before  the  American  Society  of  International  Law,  Dec.  28,  1915. 

*  Italics  mine. 


THE  NEW  INTERNATIONAL  LAW  27 

or  international  engagement  entered  into  by  any  member 
of  the  League  must  be  immediately  registered  with  the 
Secretariat,  and  that  no  such  agreement  is  binding  until  so 
registered.  The  Assembly  may  advise  the  reconsideration 
by  members  of  the  League  of  treaties  which  have  become 
inapphcable;  this  provision  will  prevent  the  existence  of  a 
great  many  obsolete,  confusing  treaties.  One  of  the  chief 
causes  for  the  breach  of  treaties  in  the  past  has  been  the 
desire  for  selfish  gain  or  for  conquest.  Many  treaties  which 
might  be  conducive  to  such  desires  will  be  abrogated  under 
Article  XX  of  the  Covenant  which  provides  for  the  abroga- 
tion of  all  obligations  or  understandings  existing  among 
the  members  of  the  League  which  are  inconsistent  with  the 
terms  of  the  document  itself.  The  members  likewise  agree 
not  to  enter  into  such  understandings  in  the  future.  It  is 
also  made  the  duty  of  any  member  which,  before  becoming 
a  member,  undertook  an  obligation  inconsistent  with  the 
terms  of  the  Covenant,  to  take  immediate  steps  to  secure 
its  release  from  such  obligations  (Article  XX,  2). 


CHAPTER  VI 

IN  CERTAIN  CASES   WAR  MADE   AN   ILLEGAL   PROCESS  BY 
THE    COVENANT 

"  Today,"  said  Premier  Lloyd  George,  "  we  are  waging 
the  most  devastating  war  the  world  has  ever  seen.  To- 
morrow, tomorrow,  not  perhaps  distant  tomorrows,  war 
may  be  aboHshed  forever  from  the  category  of  human 
crimes."  ^  Former  Secretary  of  State  Knox  hkewise 
suggested  in  the  Senate  that  an  International  League 
embracing  all  nations  should  be  formed  and  one  of  the 
provisions  of  its  constitution  should  declare  that  **  war  is 
to  be  an  international  crime  and  that  any  nation  engaging 
in  war,  except  in  self-defense  when  actually  attacked,  shall 
be  punished  by  the  world  as  an  international  criminal."  * 
The  distinguished  Belgian  Professor  of  international  law, 
Henri  La  Fontaine,  urged  in  1917  that  as  a  new  principle  of 
international  law  "  war  should  no  more  be  considered  as  a 
legal  institution,  because  it  is  a  crime  and  should  be  con- 
sidered as  such."  '  Theodore  Marburg,  former  United 
States  Minister  to  Belgium,  urged  the  adoption  of  a  similar 
principle.  "  Society,"  he  said,  "  imphes  restraint.  We  can 
have  no  liberty  without  a  surrender  of  license.  The  one 
license  which  it  has  become  perfectly  clear  the  nations  must 
surrender  is  the  hcense  to  make  war  at  will."  ^ 

^  Quoted  by  Congressman  James  L.  Slayden  of  Texas  from  a  speech  delivered  by 
Mr.  Lloyd  George  in  London.    Annals  Am.  Acad.  Pol.  and  Soe.  Sci.,  JiJy,  1917,  p.  101. 

*  Speech  in  the  United  States  Senate,  March  3,  1919,  Boston  Evening  Transcrijit, 
March  3,  1919. 

»  "On  What  Principles  is  the  Society  of  States  to  be  Founded?"    Annals  Am.  Acad. 
Pol.  and  Soc.  Sci.,  July,  1917,  p.  90. 

*  "Sovereignty  and  Race  as  Affected  by  a  League  of  Nations,"  Ibid.,  p.  148. 


THE  NEW  INTERNATIONAL  LAW  29 

Just  how  far  does  the  Covenant  actually  illegahze  war? 
By  the  preamble  the  high  contracting  parties  accept  "  ob- 
ligations not  to  resort  to  war  "  in  order  that  international 
cooperation  may  be  promoted  and  international  peace 
achieved.  They  then  recognize  (Article  VIII,  1)  that  the 
maintenance  of  peace  requires  the  reduction  of  armaments 
to  the  lowest  point  consistent  with  national  safety  and  the 
enforcement  by  common  action  of  international  obligations. 
The  provisions  of  Article  VIII  are  corollary  to  those  of 
Article  X  which  illegalize  wars  of  conquest  or  external 
aggression,  leaving  the  members  of  the  League  to  be  con- 
cerned only  with  their  own  national  safety  and  with  their 
international  obligations.  In  order  to  realize  the  ends  set 
forth  in  the  preamble  and  in  Articles  VIII  and  X,  the 
members  of  the  League  condemn  the  manufacture  by  private 
enterprise  of  munitions  and  implements  of  war  and  establish 
a  permanent  comimission  (Article  IX)  to  supervise  the 
reduction  of  armaments.  They  also  declare  that  any  war 
or  threat  of  war  is  a  "  matter  of  concern  to  the  whole 
League  "(Article  XI). 

With  the  exception  of  Article  X,  the  above  considerations 
do  not  specifically  illegahze  war,  but  they  show  that  the 
whole  spirit  of  the  Covenant  is  to  prevent  war;  they  deal 
mostly  with  preventive  means. 

In  a -question  submitted  to  arbitration  or  to  inquiry  the 
members  agree  "  in  no  case  to  resort  to  war  until  three 
months  after  the  award  by  the  arbitrators  or  the  report  by 
the  Council"  (Article  XII).  But  if  the  report  by  the  Council 
is  unanimous,  excluding  disputants,  the  members  agree 
"  that  they  will  not  go  to  war  with  any  party  to  the  dispute 
which  compHes  with  the  recommendation  of  the  report " 
(Article  XV,  6).  As  regards  disputes  submitted  to  arbitra- 
tion, the  members  agree  (Article  XIII,  4)  that  they  will 


30  THE  LEAGUE  OF  NATIONS  AND 

not  resort  to  war  against  any  member  which  compUes  with 
the  award.  Since  by  Article  XII  the  members  agree  to 
submit,  either  to  arbitration  or  inquiry,  "  any  dispute  hkely 
to  lead  to  a  rupture,"  it  is  clear  that  war  is  illegalized  in  the 
cases  considered.  These  cases  may  be  summarized  as 
follows: 

1.  A  war  of  conquest  or  external  aggression  is  illegal; 

2.  A  war  resorted  to  by  one  member  after  the  matter  in 
dispute  has  been  the  subject  of  an  arbitral  award  which  is 
comphed  with  by  the  other  disputant,  is  an  illegal  war; 

3.  A  war  is  illegal  if  resorted  to  by  a  member  in  disregard 
of  a  imanimous  recommendation  by  the  Council  (excluding 
disputants)  which  is  complied  with  by  the  other  disputing 
member; 

4.  All  wars  between  members  of  the  League  are  illegal  if 
begun  before  a  delay  period  of  from  three  to  nine  months 
has  elapsed. 

It  is  agreed  (Article  XVI,  1)  that  if  a  member  resorts 
to  war  in  "disregard  of  its  covenants  under  Articles  XII, 
XIII,  or  XV,  it  shall  ipso  facto  be  deemed  to  have  com- 
mitted an  act  of  war  against  all  other  members  of  the  League," 
and  shall  be  liable  to  the  consequences  laid  down  in  that 
article.  The  League  may  resort  to  war,  as  an  ultimate 
sanction  to  uphold  the  agreements  made  by  members  who 
have  pledged  themselves  not  to  go  to  war  in  certain  cases. 
This  is  not  war  in  the  old  sense;  it  is  an  exercise  of  the  com- 
bined police  power  of  the  League  against  members  who  have 
agreed  in  advance  to  make  themselves  hable  to  this  police 
power.  The  exercise  of  this  power  by  the  League  is  au- 
thorized only  to  uphold  and  protect  the  Covenant  the 
underlying  spirit  and  tenor  of  which  is  to  prevent  war  and 
to  make  it  illegal.  It  is,  in  accordance  with  the  recom- 
mendation of  the  French  Association  for  the  Society  of 


THE  NEW  INTERNATIONAL  LAW  31 

Nations  of  which  Leon  Bourgeois  is  Honorary  President,  a 
"  use  of  force  reserved  exclusively  to  the  international 
society  itself  "  used  as  a  "  supreme  sanction."  ^ 

In  discussing  the  Amphictyonic  Council  the  German 
writer  Tittman  in  1812  ^  raised  the  point  made  first  by 
Montesquieu  ^  that  there  was  an  inconsistency  in  each 
member  of  the  council  agreeing  not  to  destroy  any  Am- 
phictyonic city  and  yet  when  the  whole  council  acted 
together  it  might  destroy  a  city  which  had  violated  the 
agreements  of  the  council.  Tittman  answers  this  objection 
by  saying  that  there  is  no  inconsistency  ("  kein  Wider- 
spruch  "  )  in  doing  through  the  common  power  ("  gemein- 
schaftliche  Macht "  )  what  is  forbidden  to  each  individual; 
that  in  municipal  law  the  State  punishes  the  individual 
citizen  ('*  Einzelnen  Burger ")  while  self-help  is  denied  to 
that  individual.  He  points  out  further  that  the  council 
proceeded  against  non-members  as  well  as  members. 

The  distinction  between  that  which  the  League  acting 
as  a  whole  may  do,  and  that  which  an  individual  member 
acting  by  itself  may  do,  is  fundamental.  Again  the  actual 
provisions  of  the  Covenant  are  in  harmony  with  the  recom- 
mendation of  a  great  American  authority.  "  Assuming," 
he  said,  "  that  our  goal  is  the  establishment  among  nations 
of  a  reign  of  law  in  such  sense  that  each  nation  is  subject 
to  the  law,  the  fundamental  object  which  it  is  essential  to 
accomplish  is  to  limit  the  present  unrestricted  right  of  the 
individual  nation  to  declare  war  and  incidentally  to  acquire 
the  right  of  conquest.''  * 

1  World  Court,  Nov.,  1918,  pp.  670-671. 

2  Tittman,  F.  W.,  Bund  der  Amphiktyonen,  p.  226.    (Berlin,  1812.) 

*  De  U esprit  des  lois,  Liv.  XXIX,  ch.  5. 

*  Moore,  John  Bassett,  "International  Cooperation,"  World  Court,  Jan.,  1916, p.  273; 
italics  mine. 


CHAPTER   VII 

SETTLEMENT   OF   DISPUTES 

"  The  League  of  Nations,"  said  Premier  Lloyd  George, 
"represents  the  greatest  attempt  which  ever  has  been  made 
to  substitute  reason  and  justice  for  force  and  intrigue  as 
the  governing  principle  of  international  relations."  ^ 

The  Permanent  Court  of  International  Justice.  —  In 
accordance  with  Article  XIV  of  the  Covenant  the  Council 
of  the  League  of  Nations  has  appointed  a  group  of  dis- 
tinguished jurists  and  authorities  on  international  law,^ 
to  formulate  plans  for  the  establishment  of  a  Pemdanent 
Court  of  International  Justice.  This  court  shall  be  compe- 
tent to  hear  any  dispute  of  an  international  character  that 
the  disputants  submit  to  it.  It  may  also  give  an  advisory 
opinion  upon  any  question  or  dispute  referred  to  it  by  the 
Council  or  by  the  Assembly.  The  name  of  the  court  is 
significant.  It  is  not  a  court  of  arbitration  similar  to  that 
estabhshed  at  The  Hague  in  1899  and  continued  in  1907. 
Nor  is  it  a  Judicial  Arbitration  Court  which  was  con- 
templated by  the  draft  convention  annexed  to  the  first 
voeu  of  the  second  Hague  Conference, ^  although  that 
project  may  well  be  used  as  a  basis  for  the  new  court. 
The  proposed  court  is  to  be  a  true  court  of  international 

»  Manchester  Guardian,  Dec.,  29,  1918. 

*  Announced  at  meeting  of  the  Council  held  at  London,  Feb.  13,  1920.  Among  the 
group  are:  Elihu  Root;  Baron  PhilUmore,  formerly  lord  justice  of  appeal.  Great  Britain: 
Henri  Fromageot,  prominent  advocate,  France;  Baron  Deschamps,  member  of  per- 
manent court  of  arbitration  at  The  Hague,  Belgium;  Professor  Gran,  University  of 
Christiania,  Norway;  Professor  Fadda,  University  of  Naples,  Italy;  and  Clovis  Bevil- 
acqua,  authority  on  international  law,  Brazil.    (League  of  Nations  Journal,  March,  1920.) 

•  Scott,  J.  B.,  The  Hague  Conventions  and  Declarations  of  1899  and  1907,  p.  31. 

32 


THEJNEW  INTERNATIONAL  LAW  33 

justice  which  means  that  it  ought  to  decide  questions 
according  to  international  law  rather  than  on  grounds 
of  compromise  or  expediency  as  may  properly  be  done 
by  a  tribunal  of  arbitration. 

The  Permanent  Court  of  International  Justice  will  serve 
as  a  court  of  appeal  (Article  418)  from  the  report  of  the 
commission  of  inquiry  constituted  according  to  Article  412 
of  the  Versailles  Treaty,  to  deal  with  disputes  relating  to 
labor.  It  may  vary,  affirm  or  reverse  any  of  the  findings  or 
recommendations  of  the  commission  of  inquiry,  if  any,  and 
in  its  decision  indicate  what  measures,  if  any,  of  an  economic 
character  which  it  considers  to  be  appropriate,  and  which 
other  Governments  would  be  justified  in  adopting  against 
a  defaulting  Government  (Article  418).  But  if  a  member 
fails  to  abide  by  the  recommendation  of  the  commission 
of  inquiry  or  the  decision  of  the  court,  the  use  of  the  economic 
sanction  recommended  by  the  court  is  to  be  optional  for 
the  other  members  (Article  419).  When  the  defaulting 
Government  considers  that  it  has  met  the  conditions  of  the 
decision  of  the  court,  it  may  apply  to  the  Secretary-General 
of  the  League  to  constitute  a  new  commission  of  inquiry 
to  determine  whether  or  not  the  conditions  have  been  met, 
and  if  so,  the  economic  measures  against  the  defaulting 
Government  cease  (Article  420).  Such  measures  Hkewise 
cease  if  the  court  finds  that  its  decision  has  been  satis- 
factorily followed. 

It  is  thus  seen  that  the  Permanent  Court  of  International 
Justice  is  empowered  to  advise  the  use  by  the  members  of 
the  League  of  economic  sanctions  to  enforce  its  decisions; 
military  and  naval  force  is  not  contemplated.  This  is  true 
only  of  its  labor  decisions,  however.  If  a  decision  is  rendered 
according  to  the  provisions  of  Article  XIII  of  the  Covenant, 
all  of  the  sanctions  of  Article  XVI,  including  miUtary, 


34  THE  LEAGUE  OF  NATIONS  AND 

naval  and  air  forces,  will  be  applicable  as  against  a  re- 
calcitrant member,  provided  the  Council  so  recommends, 
and  the  other  disputant  accepts  the  decision  of  the 
court. 

Justiciable  and  Political  Questions.  —  The  Covenant 
does  not  distinguish  between  arbitration  and  adjudication. 
It  has  been  generally  understood  that  these  processes,  in 
the  strict  sense,  are,  and  ought  to  be  distinguished.  To 
submit  a  matter  to  arbitration  has  generally  conveyed  the 
idea  that  the  board  or  tribunal  of  arbitration  would  de- 
termine the  question,  if  necessary,  by  compromise  or  on 
grounds  of  expediency.  This  does  not  mean,  however,  that 
the  law  is  not  considered;  it  may  be  regarded  by  the  board 
or  tribunal,  and  the  award  may  be  made  entirely  or  largely 
according  to  strict  principles  of  law.  When,  however,  the 
dispute  is  one  susceptible  of  adjudication  by  a  court  of 
justice  which  appHes  only  legal  principles,  a  distinction 
should  be  made  between  such  adjudication,  and  arbitration 
which  may  involve  the  element  of  compromise.  The  term 
"  conciHation  "  is  often  appUed  to  the  method  of  settling 
disputes  which  are  of  a  purely  poKtical  nature. 

It  is  true  that  the  Permanent  Court  of  Arbitration  set 
up  at  The  Hague  in  1899  and  continued  in  1907  has  settled 
disputes  which  were  susceptible  of  determination  according 
to  strict  principles  of  law,  as  for  example,  the  Pious  Fund 
case,^  and  the  Japanese  House  Tax  case.^  It  has  also 
decided  cases  on  grounds  of  compromise  and  expediency, 
as,  for  example,  the  case  of  the  Deserters  at  Casablanca.^ 
It  is  presumed  that  this  court  will  be  continued.  Boards 
of  arbitration  for  the  settlement  of  industrial  questions 
have  become  so  common  that  it  seems  essential  to  reserve 

»  Wilson,  G.  G.,  The  Hague  ArUtraiion  Cases,  pp.  1-11.  «  Ihid.,  pp.  40-63. . 

«  Ihid.,  pp.  82-101. 


THE  NEW  INTERNATIONAL  LAW  35 

the  term  "adjudication"  for  that  process  of  settUng  disputes 
according  to  strict  legal  principles  which  are  principles  of 
justice  not  susceptible  of  compromise. 

The  difference  between  justiciable  and  poUtical  questions 
has  been  pointed  out  repeatedly  by  the  Supreme  Court  of 
the  United  States.  Among  the  questions  decided  by  that 
court  to  be  pohtical  are:  ^  the  relation  of  an  Indian  tribe 
to  a  State,  Cherokee  Nation  v.  Georgia  (1831),  5  Peters,  1; 
the  President  of  the  United  States  is  sole  judge  as  to  when 
the  militia  should  be  called  out,  Martin  v.  Mott  (1827), 
12  Wheaton,  19;  the  recognition  of  the  belHgerency  or 
independence  of  a  foreign  community,  The  Three  Friends 
(1897),  166  U.  S.,  1;  and  whether  a  treaty  with  another 
nation  has  been  properly  ratified  by  that  nation.  Doe  v. 
Braden  (1854),  16  Howard,  635.  These  questions  the  court 
has  called  political,  and  has  studiously  avoided  passing 
upon  them.  The  following  distinction  between  pohtical 
and  judicial  questions  was  made  by  the  court  in  Rhode 
Island  V.  Massachusetts  (1838),  12  Peters,  737,  Mr.  Justice 
Baldwin  delivering  the  opinion: 

"  These  considerations  lead  to  a  definition  of  political 
and  judicial  power  and  questions;  the  former  is  that  which 
a  sovereign  or  State  exerts  by  his  or  its  own  authority,  as 
reprisal  and  confiscation;  .  .  .  the  latter  is  that  which  is 
granted  to  a  court  or  judicial  tribunal.  So  of  controversies 
between  States;  they  are  in  their  nature  pohtical,  when 
the  sovereign  or  State  reserves  to  itself  the  right  of  deciding 
on  it;  makes  it  the  *  subject  of  a  treaty  to  be  settled  as 
between  States  independent,'  or  '  the  foundation  of  repre- 
sentation from  State  to  State.'     This  is  pohtical  equity, 

^  Other  cases  in  which  judicial  and  political  questions  are  differentiated  are:  Foster 
V.  Neilson  (1892),  2  Peters  253;  Luther  v.  Borden  (1849), 7  Howard  1;  and  Mississippi  v. 
Johnson  (1866),  4  Wall.  475. 


36  THE  LEAGUE  OF  NATIONS  AND 

to  be  adjudged  by  the  parties  themselves,  as  contradis- 
tinguished from  judicial  equity,  administered  by  a  court  of 
justice,  decreeing  the  equum  et  honum  of  the  case,  let  who 
or  what  be  the  parties  before  them." 

The  first  plank  in  the  platform  of  the  League  to  Enforce 
Peace  provides  that  all  "  justiciable  questions  arising  be- 
tween the  signatory  Powers  not  settled  by  negotiation, 
shall,  subject  to  the  limitation  of  treaties,  be  submitted  to  a 
judicial  tribunal  for  hearing  and  judgment."  ^  Likewise 
the  Bryce  group  of  Great  Britain  distinguished  between 
"  disputes  .  .  .  which  are  of  a  justiciable  character  "  and 
other  disputes  of  a  poHtical  nature.'*  The  best  examples  of 
questions  which  are  justiciable  are  those  relating  to  the 
interpretation  of  treaties  and  those  relating  to  international 
law,  the  assumption  being  that  the  law  cannot  be  compro- 
mised or  evaded  in  its  appUcation  to  questions  of  this 
nature.  The  rules  for  the  interpretation  of  treaties  or  the 
law  of  inviolabiHty  which  protects  an  ambassador's  person 
and  premises  cannot  be  compromised;  they  are  fixed,  and 
must  be  strictly  appHed. 

The  framers  of  the  Covenant  have  divided  disputes  into 
three  categories:  those  capable  of  settlement  by  diplomacy 
(Article  XIII) ;  those  recognized  as  suitable  for  submission 
to  arbitration  (Article  XIII);  and  those  which  are  likely 
to  lead  to  a  rupture  and  which  do  not  come  within  the  first 
two  categories  (Article  XV).  The  first  class  of  disputes  will 
continue  to  be  settled  by  the  give-and-take  methods  of 
diplomacy.  The  second  class  are,  according  to  Article  XIII, 
2  of  the  Covenant,  those  questions  which  have  usually  been 
called  justiciable  questions,  but  here  are  called  questions 
**  generally  suitable  for  submission  to  arbitration."     It  is 

1  World  Peace  Foundation,  pamphlet.  Vol.  VI,  No.  5,  Oct.,  1916. 

»  Woolf,  L.  S.,  The  Framework  of  a  Lasting  Peace,  p.  18.    (London,  1917.) 


THE  NEW  INTERNATIONAL  LAW  37 

thought  that  these  questions  will  always  be  submitted  to 
the  Permanent  Court  of  International  Justice. 

The  definition  of  justiciable  questions  given  in  paragraph 
2  of  Article  XIII  of  the  Covenant,  is  due  to  EUhu  Root. 
In  a  letter  to  Mr.  Hays,  March  29,  1919,  he  recommended 
the  inclusion  of  the  following  paragraph  in  the  revised  draft 
of  the  Covenant : 

l^  "  Disputes  of  a  justiciable  character  are  defined  as 
disputes  as  to  the  interpretation  of  a  treaty,  as  to  any 
question  of  international  law,  as  to  the  existence  of  any  fact 
which  if  estabHshed  would  constitute  a  breach  of  any 
international  obhgation,  or  as  to  the  nature  and  extent 
of  the  reparation  to  be  made  for  any  such  breach." 

The  members  of  the  League  determine  for  themselves 
what  questions  (in  addition  to  justiciable  questions  which 
are  always  submitted)  shall  be  submitted  to  arbitration 
(Article  XIII,  1).  It  is  possible  that  questions  which  may 
be  partly  pohtical  and  partly  justiciable  will  be  referred 
to  the  permanent  Court  of  Arbitration  at  The  Hague. 
Such  questions  are  called  by  Professor  Oppenheim  "  complex 
cases  which  are  justiciable  but  in  which,  besides  the  question 

^  This  definition  appears  in  about  the  same  form  in  Section  20  of  the  Smuts'  Flan. 
Mr.  Marburg  has  called  the  author's  attention  to  the  fact  that  the  same  wording  appears 
in  the  Proposals  for  the  Avoidance  of  War  published  by  the  Bryce  Group,  Feb.  24,  1915. 
It  is  likely  that  the  prominence  given  to  the  definition  by  Mr.  Root  caused  it  to  be  inserted 
in  the  Covenant. 

By  permission  the  following  letter  from  Lord  Bryce  to  Mr.  Marburg  relating  to  the 
origin  of  the  definition  of  a  justiciable  dispute  is  given: 

"3  Buckingham  Gate, 
London,  S.  W. 
My  dear  Mr.  Marburg: 

After  consulting  a  friend  who  worked  with  me  on  the  small  British  Committee  which 
prepared  the  "Froposals  for  the  Avoidance  of  War"  I  find  that  the  words  you  refer  to 
as  defining  'disputes  of  a  justiciable  character'  were  settled  by  us  as  the  definition  we 
thought  most  clear  and  complete  and  were  not,  so  far  as  I  know,  taken  bodily  from  any 
other  soiuxie.  My  belief  is  that  we  composed  this  definition  after  reading  others,  but  that, 
in  the  shape  we  gave  it,  it  was  our  own. 

Bryce" 


38  THE  LEAGUE  OF  NATIONS 

of  law,  there  is  at  the  same  time  involved  a  vital  political 
principle  or  claim."  ^  Settlement  of  pohtical  disputes  is  ^ 
reserved  to  the  Council  to  be  decided  by  concihation. 
Compromise  and  expediency  will  govern  the  determination 
of  these  questions.  The  Council  will,  however,  be  expected 
to  respect  the  law  so  far  as  that  is  possible.  If  the  dispute 
is  referred  to  the  Assembly,  the  same  principles  which 
apply  to  the  reports  of  the  Council  will  govern. 

^  L.  Oppenheim,  in  an  opinion  regarding  the  proposed  Court  of  International  Justice, 
World  Court,  Feb.,  1918,  p.  75. 


CHAPTER  VIII 

SOME   MODIFICATIONS   IN   THE   THEORY   OF   INTERNATIONAL 

LAW 

"  The  press,  which  reaches  milKons  of  Americans,  must 
help  break  down  the  international  law,"  said  Henry  Morgen- 
thau,  former  United  States  Ambassador  to  Turkey,  "  which 
says  no  nation  can  interfere  with  the  internal  affairs  of 
another  nation.  Whenever  I  tried  to  intercede  for  the 
oppressed  people  in  Turkey  I  was  told  that  it  was  none  of 
America's  business."  ^ 

The  conceptions  of  international  law  which  have  been 
considered  in  the  preceding  pages  have,  with  the  exception  of 
the  last-considered  conception  under  the  League  of  Nations, 
been  based  upon  the  assumption  that  every  nation  is  sover- 
eign and  independent,  with  its  own  interests  entirely  separate 
from  those  of  other  nations.  No  sovereign  nation  could 
in  any  way  interfere  in  the  affairs  of  another  nation  except 
in  certain  cases  where  its  own  special  interests  were  en- 
dangered. ^  Hall  holds  that  intervention  is  illegal  except 
"  for  the  purpose  of  self-preservation,  unless  a  breach  of 
the  law  as  between  states  has  taken  place  or  unless  the  whole 
body  of  civiUzed  states  have  concurred  in  authorizing  it."  ^ 
The  collective  intervention  in  China  in  1900,  to  suppress 
the  Boxer  uprising  and  protect  the  legations,  is  the  best 
example  of  combined  action  by  several  nations. 

"  In  the  society  of  nations,"   said   Professor  Munroe 

1  World  Court,  Aug.,  1918,  p.  475. 

2  Wilson  and  Tucker,  International  Law,  p.  87.     (7th  ed.,  1917.) 
'  International  Law,  sect.  92.    (7th  ed.  by  Higgins,  1917.) 


40  THE  LEAGUE  OF  NATIONS  AND 

Smith,  "  the  redress  of  an  international  wrong  by  the 
concerted  action  of  a  number  of  states  is  a  significant 
step.  ...  In  the  development  of  tribal  law,  such  reactions 
indicated  that  offenses  previously  regarded  as  torts  were 
beginning  to  be  viewed  as  crimes.  Concerted  action  by  the 
society  of  nations  against  an  offending  state  seems  to  imply 
a  recognition  that  a  state  may  be  held  accountable,  not 
only  to  other  single  states  which  it  has  directly  injured, 
but  also  to  the  world  for  a  crime  against  civiHzation."  ^ 
"  If,"  said  Mr.  Root,  "  the  law  of  nations  is  to  be  bind- 
ing, .  .  .  there  must  be  a  change  in  theory,  and  violations 
of  the  law  of  such  a  character  as  to  threaten  the  peace  and 
order  of  the  community  of  nations  must  be  deemed  to  be  a 
violation  of  the  right  of  every  civiHzed  nation  to  have  the 
law  maintained  and  a  legal  injury  to  every  nation."  ^ 

Several  clauses  of  the  Covenant  actually  apply  the 
change  in  the  theory  of  international  law  which  Professor 
Smith  and  Mr.  Root  had  in  mind.  Article  X  gives  the 
members  of  the  League  the  right  to  intervene  in  case  the 
territorial  integrity  or  poKtical  independence  of  one  of 
their  number  is  endangered  or  violated  by  outside  aggression. 
Articles  III,  3,  and  IV,  4,  give  the  Assembly  and  Council 
respectively,  the  competency  to  deal  with  "  any  matter  .  .  . 
affecting  the  peace  of  the  world  "  and  within  the  sphere  of 
action  of  the  League.  Article  XI,  1,  makes  any  war  or 
threat  of  war  a  "  matter  of  concern  to  the  whole  League." 
Article  XI,  2,  makes  it  the  friendly  right  of  each  member  to 
bring  to  the  attention  of  the  Council  or  the  Assembly  "any 
circumstance  whatever  affecting  international  relations 
which  threatens  to  disturb  international  peace  or  the  good 

^  "The  Nature  and  Future  of  International  Law,"  Presidential  address,  Amer.  Pol. 
Sci.  Association,  Am.  Pol.  Sci.  Rev.,  Feb.,  1918,  p.  1. 

*  "The  Outlook  for  International  Law,"  Presidential  address.  Am.  Soc.  International 
Law,  Washington,  Dec.  28,  1915. 


THE  NEW  INTERNATIONAL  LAW  41 

understanding  between  nations  upon  which  peace  depends." 
In  view  of  these  provisions  Francis  Lieber  could  not  write 
in  a  war  code  today,  that  "  the  law  of  nations  allows  every 
sovereign  government  to  make  war  upon  another  sovereign 
state."  ^  The  theory  of  absolute  and  unlimited  sovereignty 
of  nations  must  be  so  far  modified  as  to  make  it  fall  into 
harmony  with  the  actual  relationship  between  nations  as 
it  is  estabhshed  by  the  Covenant.  The  members  limit 
their  sovereignty  in  regard  to  making  war.  It  cannot  be 
too  strongly  emphasized  that  any  action  of  intervention  is 
taken  by  the  League  acting  as  a  unit.  If  it  intervenes  at  all, 
it  will  do  so  only  when  a  condition  arises  which  falls  within 
the  category  of  matters  which  the  members  have  agreed 
in  advance  that  the  League  might  act  upon. 

Neutrality.  —  The  second  of  President  Wilson's  fourteen 
points  declared  that  there  must  be  "  absolute  freedom  of 
the  seas  in  peace  or  war  except  as  they  may  be  closed  by 
international  action."  This  conception  was  formed  before 
the  League  of  Nations  had  been  much  discussed;  it  con- 
templated the  world  in  the  old  condition  when  there  was  no 
concerted  action  and  each  nation  acted  for  itself.  Upon 
arriving  at  Paris,  however.  President  Wilson  himself  ad- 
mitted that  he  would  have  to  throw  overboard  this  point 
because  under  the  League  there  would  be  no  neutraUty.^ 
Not  the  question  of  freedom  of  the  seas  alone,  but  those 
concomitant  questions  such  as  contraband  and  continuous 
voyage  are  affected  by  the  aboHtion  in  certain  cases  of  neu- 
trahty.     The  essential  condition  necessary  for  freedom  of 

1  U.  S.  Army,  General  Orders,  No.  100  (1863),  Art.  67. 

^  G.  S.  Adam  (London  Times-Public  Ledger  Cable  Service),  Boston  Evening  Tran- 
script, Feb.  26,  1919:  "President  Wilson  recently  remarked  to  a  group  of  American 
journalists,  that  when  he  placed  the  question  of  the  freedom  of  the  seas  among  the  four- 
teen points  it  never  struck  him  that  under  the  League  there  would  be  no  neutrals  and  that 
consequently  the  question  of  neutral  rights  would  not  arise." 


42  THE  LEAGUE  OF  NATIONS  AND 

the  seas  is  the  allowing  of  private  property  to  move  on  the 
seas  in  time  of  war  as  in  time  of  peace.  This  of  course 
involves  the  question  of  contraband.  By  Article  XVI  of 
the  Covenant  the  members  agree  that  they  will  "  mutually 
support  one  another  in  resisting  any  special  measures  aimed 
at  one  of  their  number  by  the  covenant-breaking  member 
.  .  .  and  to  afford  passage  through  their  territory  to  the 
forces  of  any  members  of  the  League  which  are  cooperating 
to  protect  the  covenants  of  the  League."  This  means  that 
freedom  of  passage  will  be  given  in  territorial  waters  as  well 
as  over  land.  No  question  as  to  landing  at  neutral  ports  in 
the  course  of  a  continuous  voyage,  or  of  the  violation  of 
neutral  territory  by  the  passage  of  belhgerent  troops,  would 
arise.  Each  member  of  the  League  has,  by  agreeing  to 
Article  XVI,  surrendered  its  right  to  remain  neutral,  in  so 
far,  at  least,  as  economic,  financial  and  trade  sanctions  are 
concerned.  It  must  abide  by  its  agreement  to  employ  these 
sanctions.  The  mihtary,  naval  and  air  forces  are  furnished 
by  each  member  at  discretion,  but  neutrahty  is  destroyed 
by  the  use  of  the  other  sanctions. 

It  is  seen  by  this  examination  that  certain  attributes 
of  sovereignty  formerly  possessed  by  each  member  of  the 
League  as  it  stood  aloof  from  all  others,  have  been  volun- 
tarily transferred  or  delegated  to  the  organs  of  the  League. 
The  most  important  of  these  are:  the  right  of  conquest; 
the  right  to  make  war  at  will;  and  the  right  in  all  cases 
to  remain  neutral.  The  general  change  effected  by  the 
Covenant  is  thus  expressed  by  Dr.  Quincy  Wright,  a  leading 
younger  student  of  international  law: 

"...  The  Covenant  when  put  into  operation  will 
modify  international  law,  though  less  in  its  specific  rules 
than  in  certain  assumptions  upon  which  they  have  hereto- 
fore been  supposed  to  rest. 


THE  NEW  INTERNATIONAL  LAW  43 

*'  By  accepting  the  league,  states  recognize  that  their 
existence  depends  upon  the  general  maintenance  of  law, 
and  consequently  that  they  must  prefer  the  claim  of  that 
law  for  defense,  as  against  the  lure  of  an  immediate  national 
profit.  Thus,  though  international  law  will  continue  to  aim 
at  preserving  the  independence  and  autonomy  of  states,  it 
must  assume  its  own  preservation  is  more  important.  It 
follows  that  international  law  can  no  longer  be  conceived 
by  text  WTiters  as  a  series  of  deductions  from  an  assumed 
*  fundamental  right  of  states  to  exist.'  The  responsibility 
of  states  to  assure  the  existence  of  the  law  will  have  to  be 
conceived  as  even  more  fundamental.  .  .  . 

"...  The  Covenant  recognizes  that  states  cannot  sur- 
vive where  sovereignty  can  override  the  law.  As  the  price 
of  existence,  states  must  accept  definite  responsibihties  for 
the  maintenance  of  law.  Should  this  conception,  about  to 
be  formally  accepted,  become  instinctive  in  our  civiHzation, 
the  time  might  come  when  the  chapters  on  war  and  neu- 
trality, which  overburden  textbooks  on  the  law  of  nations, 
could  be  relegated  to  historical  appendices."  ^ 

The  pecuHar  status  of  Switzerland  as  a  permanent 
neutral  is  continued  under  the  League.  The  Versailles 
Treaty  (Article  435)  recognizes  that  the  new  regime  es- 
tabhshed  by  the  League  of  Nations  creates  a  situation  in 
which  the  old  guarantees  in  Article  3,  paragraph  2,  of  the 
Treaty  of  Paris,  1815,  and  Article  92,  paragraph  1,  of  the 
Final  Act  of  the  Congress  of  Vienna  "  are  no  longer  con- 
sistent with  present  conditions."  Note  is  taken  of  the 
agreement  reached  between  the  French  and  the  Swiss 
Governments  *'for  the  abrogation  of  the  stipulations  relat- 
ing to  this  zone  [Savoy]  which  are  and  remain  abrogated." 

^  "EfiFects  of  the  League  of  Nations  Covenant,"  American  Pol.  Set.  Review,  Nov., 
1919,  pp.  556,  557,  565. 


44  THE  LEAGUE  OF  NATIONS 

But  "  the  high  contracting  parties  .  .  .  recognize  the 
guarantees  stipulated  by  the  treaties  of  1815,  and  especially 
by  the  Act  of  20th  November,  1815,  in  favor  of  Switzerland, 
the  said  guarantees  constituting  international  obUgations 
for  the  maintenance  of  peace.  .  .  ."  ^ 

Switzerland  made  clear  that  she  understands  that  the 
signatories  to  the  Versailles  Treaty  supersede  the  signatories 
to  the  treaties  of  1815,  as  guarantors  of  the  neutraKzed 
zones.  In  a  note  to  the  French  Government,  May  5,  1919, 
which  is  incorporated  into  the  annex  to  Article  435  of  the 
treaty,  the  Swiss  Federal  Council  declared  that  "  the  assent 
given  by  the  Swiss  Government  to  the  abrogation  of  the 
above-mentioned  stipulations  presupposes ^^  in  conformity 
with  the  text  adopted,  the  recognition  of  the  guarantees 
formulated  in  favor  of  Switzerland  by  the  treaties  of  1815 
and  particularly  by  the  declaration  of  20th  November, 
1815."  3 

1  Versailles  Treaty,  Article  435. 
*  Italics  mine. 

'  In  acceding  to  the  League  Switzerland  agreed  to  employ  the  economic  sanction 
required  in  Article  XVI. 


CHAPTER   IX 

THE   QUESTION  OF   SANCTIONS 

The  League  of  Nations  establishes  the  central  authority 
that  was  lacking  in  the  structure  of  The  Hague.  The 
Covenant  provides  that  the  Council  of  the  League  shall 
recommend  what  action  shall  be  taken  to  give  effect  to 
arbitral  awards  and  unanimous  (excluding  disputants) 
reports  by  the  Council  itself. 

As  early  as  1910,  Mr.  Roosevelt  suggested  some  such 
arrangement  as  that  actually  adopted  in  the  Covenant. 
"  It  would  be  a  master  stroke,"  he  said,  "  if  those  great 
powers  honestly  bent  on  peace  would  form  a  League  of 
Peace,  not  only  to  keep  the  peace  among  themselves,  but 
to  prevent,  by  force  if  necessary,  its  being  broken  by  others. 
The  supreme  diflSculty  in  connection  with  developing  the 
peace  work  of  The  Hague  arises  from  the  lack  of  any  execu- 
tive power,  to  enforce  the  decrees  of  the  courts."  ^  No  less 
forcefully  has  Mr.  Root  expressed  a  similar  conviction. 
"  Laws,"  he  said,  "  to  be  obeyed  must  have  sanctions 
behind  them;  that  is  to  say,  violations  of  them  must  be 
followed  by  punishment."  After  referring  to  force  as  a 
sanction  he  describes  the  potency  of  pubUc  opinion  because 
"  of  the  terrible  consequences  which  come  upon  a  nation 
that  finds  itself  without  respect  or  honor  in  the  world  and 
deprived  of  the  confidence  and  good-will  necessary  to  the 
maintenance  of  intercourse."  ^ 

^  Nobel  Peace  Prize  address,  Christiania,  Norway,  May  5, 1910. 
*  Presidential  address,  "The  Outlook  for  International  Law,"  delivered  before  the 
American  Society  of  International  Law,  Washington,  Dec.  28, 1915. 

45 


46  THE  LEAGUE  OF  NATIONS  AND 

An  analysis  of  the  question  of  sanctions  shows  that  two 
schools  of  thought  existed  before  the  adoption  of  the 
Covenant,  as  to  what  constituted  the  most  feasible  and 
most  eflfective  sanction.  One  school  stressed  force  as  the 
ultimate  sanction.  Mr.  Taft  and  the  League  to  Enforce 
Peace  of  which  he  is  the  President,  may  be  identified  with 
this  school.  Mr.  Roosevelt  would  belong  to  this  group. 
The  other  school  stressed  the  potency  of  pubHc  opinion 
as  the  final  sanction.  Lord  Robert  Cecil  and  Dr.  James 
Brown  Scott  might  be  classed  as  leading  exponents  of 
this  view.  It  would  not  be  safe  to  assume,  and  is  not 
assumed,  that  the  exponents  of  the  sanction  by  force  dis- 
regard the  power  of  public  opinion.  They  do  not.  They 
beheve  that  while  force  may  be  kept  in  the  background 
while  the  League  is  young,  it  may  be  possible  after  the 
League  has  estabKshed  itself  as  an  institution  of  justice 
and  law,  to  allow  pubHc  opinion  gradually  to  replace  force 
as  a  sanction. 

Another  sanction  which  had  received  considerable  at- 
tention before  the  adoption  of  the  Covenant  was  the 
economic  boycott  which  was  first  suggested  by  Mr.  Carnegie 
in  1907.  "  If,"  he  said,  "  instead  of  an  international  poKce 
force,  the  nations  would  agree  to  cease  commercial  relations 
with  any  Power  breaking  the  peace,  this  punishment  might 
prove  equally  effective.  No  interchange  of  products,  no 
supplying  of  war  materials  or  loans,  no  mails,  would  be  a 
severe  rebuke,  carrying  with  it  as  well  material  loss.  The 
more  peaceful  punishment  might  first  be  appKed  and 
mihtary  force  held  in  reserve,  to  be  resorted  to  only  when 
all  other  measures  failed."  ^ 

The  third  article  of  the  program  of  the  League  to  Enforce 

^  From  an  introduction  by  Mr.  Carnegie  to  Hayne  Davis's,  Among  the  WorWa 
Peacemakers.    (New  York,  1907.) 


THE  NEW  INTERNATIONAL  LAW  47 

Peace,  the  essential  features  of  which  are  incorporated  into 
Article  XVI  of  the  Covenant,  was  introduced  by  President 
Lowell  of  Harvard.^  As  formulated  by  Doctor  Lowell  the 
article  provided  that  the  "  signatory  Powers  shall  jointly 
use  forthwith  both  their  economic  and  mihtary  forces 
against  any  one  of  their  number  that  goes  to  war  or  commits 
acts  of  hostility  against  another  of  the  signatories  before 
any  question  arising  shall  be  submitted  to  arbitration."  ^ 

The  French  League  of  Nations  Society  proposed  a 
juridical  sanction,  which  would  deny  the  use  of  the  courts 
to  nationals  of  a  recalcitrant  Power.  The  limited  number 
of  persons  to  which  this  prohibition  would  apply,  however, 
makes  it  less  effective  than  the  sanctions  actually  adopted. 

Turning  now  to  the  Covenant  itself,  let  us  see  what 
apphcation  of  the  theories  of  sanctions  is  made.  Without 
doubt,  sanction  by  pubKc  opinion  was  regarded  by  the 
framers  of  the  Covenant  as  one  of  its  most  powerful  backing 
forces.  The  spirit  of  the  preamble  shows  this.  The  members 
are  to  strive  for  open,  just  and  honorable  relations  between 
nations.  International  law  which  is  based  largely  on  the 
pubHc  opinion  of  the  world,  is  made  the  "  actual  rule  of 
conduct  among  Governments."  Treaty  obUgations  are  to 
be  scrupulously  respected.  The  reports  by  the  Council  on 
non-justiciable  questions  are  intended  to  meet  the  demands 
of  pubhc  opinion. 

If  pubhc  opinion  should  fail,  the  members  of  the  League 
agree  by  Article  XVI,  1,  to  sever  "  all  trade  or  financial 
relations,"  and  to  prohibit  "  all  intercourse  between  their 
nationals  and  the  nationals  of  the  covenant-breaking 
member  "  as  well  as  the  prevention  of  all  financial,  commercial, 

1  See  Dr.  Lowell's  letter  to  Senator  Walsh  of  Massachusetts,  dated  Dec.  31,  1919, 
Boston  Evening  Transcript,  Jan.  9,  1919. 

2  im. 


48  THE  LEAGUE  OF  NATIONS 

or  personal  intercourse  between  the  nationals  of  the  cove- 
nant-breaking member  and  the  rest  of  the  world.  These 
are  indeed  powerful  weapons;  a  nation  will  think  seriously 
before  making  itself  Uable  to  such  consequences.  But  if 
these  measures  prove  ineffective,  it  becomes  the  duty  of 
the  Council,  as  a  last  resort,  to  recommend  the  quotas  of 
miKtary,  naval  or  air  forces  necessary  from  each  member 
to  uphold  the  agreements  in  the  Covenant. 

It  is  thus  seen  that  the  three  sanctions  regarded  as  the 
most  effective  are  provided  for  in  the  Covenant.  The 
relation  of  these  sanctions  to  the  success  of  the  League  and 
to  future  international  law  is  very  close.  The  development 
of  the  law  will  largely  depend  upon  the  manner  in  which 
the  members  regard  and  respect  the  sanctions  of  the  League. 
Those  sanctions  will  make  the  League  that  international 
authority  for  which  the  world  has  long  been  in  wait;  they 
will  make  the  League  a  real  instrument  of  international  law. 
As  M.  Leon  Bourgeois,  the  French  representative  on  the 
Council  said  at  the  plenary  session  of  the  Peace  Conference, 
January  25,  1919:  "The  second  difference  between  that 
time  [the  time  of  the  Hague  Peace  Conferences]  and  the 
present  time  is  that  you  will  be  able  to  sit  and  estabKsh  a 
system  of  sanctions.  ...  At  The  Hague  it  was  impossible 
because  of  the  division  between  the  nations  there.  ...  At 
present  wc  are  in  a  position  not  only  to  lay  down  principles 
but  also  to  estabhsh  a  system  of  penalties."  ^  No  longer 
can  it  be  said  as  Professor  John  Bassett  Moore,  one  of 
America's  foremost  authorities  on  international  law,  felt 
it  necessary  to  say  in  1906,  that  *'  the  most  striking  im- 
perfection in  the  international  system  today  is  the  lack  of 
a  common  agency  for  the  enforcement  of  law."  ^ 

1  New  York  Times,  Current  History,  March,  1919,  p.  387. 
*  The  Independent,  July  5,  1906. 


CHAPTER  X 

THE    JUDICIAL    STATUS    OF    THE    LEAGUE    OF    NATIONS 

Sovereignty.  — "  If,"  said  L.  Duguit,  the  eminent 
French  writer,  "  there  is  such  a  thing  as  sovereignty  of  the 
State  it  is  juridically  Kmited  by  the  rule  of  law."  ^  Two 
important  points  are  here  suggested  by  M.  Duguit.  First, 
the  expression  of  a  doubt  as  to  whether  there  is  such  a 
thing  as  sovereignty;  and  second,  that  if  there  is,  it  cannot 
override,  or  prevail  over,  the  rule  of  law. 

It  cannot  be  denied  that  there  is  a  thing  called  sover- 
eignty. As  in  case  of  all  abstract  ideas,  however,  there  is 
diflficulty  in  defining  precisely  what  is  meant  when  one 
speaks  of  sovereignty.  It  is  by  Wheaton  called  "  the 
supreme  power  by  which  a  State  is  governed."  ^  This 
definition  is  concise,  and  expresses  the  same  idea  that  is 
expressed  by  numerous  longer  and  more  involved  definitions. 
It  is  more  comprehensive  than  the  definition  that  sover- 
eignty is  that  power  which  makes  and  enforces  the  laws  of 
a  State.  It  best  adapts  itself  to  the  conception  of  inter- 
national law  and  of  international  relationship  under  the 
League  of  Nations.  Sovereignty  is  more  than  that  power 
which  makes  and  enforces  laws  within  a  State;  it  also 
includes  the  powers  of  making  treaties  and  conducting  the 
foreign  relations  of  a  State.  Thus  a  gentlemen's  agreement 
may  be  made  between  two  States,  and  while  such  an  agree- 
ment would  not  be  law,  it  would  be  the  result  of  an  exercise 
of  the  supreme  power  by  which  a  State  is  governed.    The 

^  L'Etat;  Le  Droit  Objectif  et  la  Lot  Positive,  ch.  1,  p.  247. 
*  Elements  of  International  Law,  8th  ed.,  p.  31. 
49 


50  THE  LEAGUE  OF  NATIONS  AND 

gentlemen's  agreement  which  exists  between  the  United 
States  and  Japan  regarding  immigration,  is  an  example  of 
an  exercise  of  the  powers  of  sovereignty  in  an  external  way, 
facing  outward,  as  contradistinguished  from  a  federal  law 
made  and  enforced  within  the  United  States,  that  is,  facing 
inward.  In  the  tenth  of  his  Studies  in  History  and  Juris- 
prudence^  Lord  Bryce  distinguishes  between  internal  sover- 
eignty belonging  to  the  organs  of  government  to  which  the 
people  of  the  State  delegate  sovereign  powers,  and  external 
sovereignty  which  remains  vested  in  the  whole  people 
itself.  The  Bryce  conception  of  external  sovereignty  is 
practically  the  same  as  that  of  WTieaton,  who  beUeved  that 
"  external  sovereignty  consists  in  the  independence  of  one 
political' society  in  respect  to  all  other  poKtical  societies."  ^ 

The  conception  of  sovereignty  as  an  indivisible  whole 
has  generally  given  way  to  the  conception  that  the  govern- 
mental powers  of  sovereignty,  but  not  the  supreme  will 
itself,  may  be  divided.  Thus  the  tenth  amendment  to 
the  Constitution  of  the  United  States  divides  the  powers  of 
sovereignty  into  those  delegated  to  the  United  States,  and 
others,  not  prohibited  to  the  States,  but  reserved  to  them 
respectively,  or  to  the  people.  As  regards  other  nations, 
the  sovereignty  of  the  United  States  is  expressed  only  by 
those  federal  officials  who  represent  the  American  people. ^ 

It  is  with  sovereignty  in  its  external  aspect  that  the 
League  of  Nations  has  to  do.  The  League,  by  Article  XV,  8, 
of  the  Covenant,  is  not  permitted  to  deal  with  questions 
which  by  international  law  are  solely  within  the  domestic 
jurisdiction  of  one  of  the  member  States.  It  has  been  shown 
that  the  members  of  the  League,  upon  joining  that  organiza- 
tion, surrendered  or  delegated  to  the  League  itself,  three 

1  Ibid.,  p.  32. 

«  Cf.  Munro,  W.  B.,  Government  of  the  United  States,  pp.  S92-394. 


THE  NEW  INTERNATIONAL  LAW  51 

attributes  or  powers  of  sovereignty  which  they  possessed 
before  they  became  members,  viz.,  the  right  in  all  cases 
to  remain  neutral;  the  right  of  conquest;  and  the  right  to 
make  war  at  will.  It  will  be  noted  that  each  of  these  so- 
called  rights  has  to  do  with  sovereignty  in  its  external  aspect; 
they  are  juridically  limited  by  rules  of  international  law 
laid  down  in  the  Covenant  itself. 

State.  —  The  word  "State  "  as  used  in  the  international 
sense  connotes  a  definite  and  particular  territory  together 
with  the  people  who  dwell  thereon.  The  government  of  the 
State  embraces  the  human  instrumentalities  by  which  the 
people  are  kept  in  a  state  of  reasonable  happiness  and 
order,  and  by  which  their  relations  with  the  people  of  other 
States  are  conducted.  It  is  conceivable  that  the  whole 
personnel  of  a  government  might  temporarily  continue  to 
govern  the  people  of  a  State,  and  yet  be  absent  from  the 
territory;  or  that  the  government  might  exist  without  any 
territory  at  all.  In  the  usual  sense,  in  order  that  there  may 
be  a  State,  there  must  be  a  government  for  that  State, 
and  in  order  that  there  may  be  a  government,  there  must 
be  a  State  to  be  governed.  In  view  of  the  accepted  concep- 
tion of  a  State  and  of  the  express  and  Hmited  powers  given 
to  the  organs  of  the  League  of  Nations,  the  idea  that  the 
League  is  a  super-State  may  be  dismissed  as  entirely  without 
foundation. 

Confederation.  —  A  confederation  of  States,  in  the 
accepted  sense,  is  a  union  of  independent,  sovereign  States 
for  the  purpose  of  preserving  their  external,  as  well  as  their 
internal,  independence.  The  Germanic  Confederation, 
1815-1866,  is  an  example  of  a  loose  organization  which  has 
been  found  in  most  confederations.  Article  2  of  the  Act  of 
May  15,  1820,  which  completed  the  Act  of  1815,  establishing 
this  confederation  provided  that  it  was  a  "  seK-subsisting 


52  THE  LEAGUE  OF  NATIONS  AND 

Association  of  States,  mutually  independent  of  one  another, 
with  equal  reciprocal  rights  and  obHgations;  but,  in  its 
external  relations,  a  collective  power  combined  in  poKtical 
unity."  ^  Here,  as  has  been  the  case  in  all  true  confedera- 
tions, the  independence  of  the  members  is  emphasized. 
The  chief  reason  for  the  failure  of  the  government  of  the 
United  States  under  the  Articles  of  Confederation  was  that 
the  members  attempted  at  the  same  time  to  retain  their 
independence  and  to  present  to  the  world  a  unified  central 
government  capable  of  deahng  with  other  States  of  the 
family  of  nations.  It  is  well  known  how  the  European 
Powers  were  unable  to  deal  with  ministers  from  thirteen 
American  States. 

The  League  of  Nations  can  hardly  be  called  a  confeder- 
ation. The  fact  that  the  lesser  Powers  are  not  admitted 
on  the  same  footing  as  the  great  Powers,  shows  that  the 
degree  of  independence  and  the  equahty  which  has  usually 
been  found  in  confederations,  are  lacking  in  the  case  of  the 
League.  Moreover,  the  League  has  no  control  over  the 
individual  members,  in  so  far  as  the  powers  and  functions 
of  government  are  concerned. 

Alliance.  —  An  alhance  is  merely  an  agreement  between 
two  or  more  States  to  act  together  according  to  the  terms 
of  the  treaty  of  alHance,  when  the  conditions  contemplated 
by  that  treaty  shall  arise.  No  organs  of  government  or 
administration  are  found  in  such  unions. 

In  view  of  the  three  organs  set  up  by  the  Covenant,  it 
is  clear  that  the  League  cannot  correctly  be  called  an 
alliance* 

Equality.  —  In  order  to  determine  the  nature  and  status 
of  the  League,  it  is  necessary  to  examine  what  application 
is  made  by  the  Covenant,  of  the  principles  of  equality. 

^  Phillimore,  International  Law,  I,  p.  161. 


THE  NEW  INTERNATIONAL  LAW  53 

The  ranking  delegate  of  Great  Britain  to  the  second 
Hague  Peace  Conference  of  1907  stated  that  one  of  the 
chief  obstacles  to  progress  in  the  conference  was  the  question 
of  equahty.  The  small  States  demanded  equal  represen- 
tation with  that  of  the  great  Powers.  The  failure  to  es- 
tabhsh  the  Judicial  Arbitration  Court  was  due  to  the 
inabihty  of  the  conference  to  agree  on  a  method  of  represen- 
tation on  the  court  which  was  acceptable  to  the  smaller 
States.  The  problem  of  selection  of  judges  was  solved 
with  respect  to  the  International  Prize  Court,  however, 
by  an  ingenious  system  of  rotation.  The  eight  great 
Powers,  viz.,  the  United  States,  Austria-Hungary,  France, 
Great  Britain,  Japan,  Germany,  Italy,  and  Russia,  were 
always  to  have  judges  on  the  court.  The  system  of  ro- 
tation provided  that  the  remaining  seven  judges  of  the 
court  were  to  be  allotted  to  the  lesser  Powers  for  periods 
ranging  from  one  to  four  years  of  the  six-year  period  for 
which  all  judges  were  chosen.  The  period  for  which  the 
lesser  Powers  appointed  judges  bore  some  relation  to  their 
general  importance  in  the  community  of  States.  Thus 
Spain  was  entitled  to  a  judge  four  years  in  the  six-year 
period;  the  Netherlands  was  to  be  represented  for  three 
years;  and  Bulgaria,  Portugal,  and  Venezuela  were  to  have 
judges  one  year  only. 

The  method  of  selecting  judges  here  agreed  upon,  is  of 
great  importance  in  that  it  suggested  the  method  of  de- 
termining the  composition  of  the  Council  of  the  League  of 
Nations,  where  the  five  great  Powers,  viz.,  the  United 
States,  the  British  Empire,  France,  Italy,  and  Japan,  are 
continuously  represented,  while  the  Assembly  from  time 
to  time  at  discretion,  chooses  the  four  other  members  of 
the  League  who  shall  be  represented  on  the  Council. 

Inequahty  of  contribution  toward  the  expenses  of  the 


54  THE  LEAGUE  OF  NATIONS  AND 

Secretariat  is  allowed  by  Article  VI,  5,  which  provides  that 
such  expenses  shall  be  borne  by  the  members  of  the  League 
in  accordance  with  the  apportionment  of  the  expenses  of 
the  International  Bureau  of  the  Universal  Postal  Union.  ^ 

For  the  purpose  of  admitting  new  members  to  the  League, 
the  principle  of  equahty  is  recognized.  New  members  may 
be  admitted  by  a  two-thirds  vote  of  the  Assembly,  in  which 
body  aU  members  are  equally  represented.  The  principle 
of  equahty  is  recognized  in  all  cases  where  the  decisions  of 
the  Assembly  are  made  without  reference  to  whether  or 
not  the  members  of  the  Assembly  are  represented  on  the 
Council.    But  in  matters  upon  which  the  agreement  of  those 


*  For  the  purpose  of  assessment  the  countries  are  divided  into  seven  classes  and 
each  class  is  assessed  a  fixed  number  of  imits  of  expenses.  For  the  seven  classes,  the 
number  of  units  is  fixed  as  follows:  class  1,  25  units;  class  2,  20  imits;  class  3,  15  units; 
class  4,  10  units;  class  5,  5  units;  class  6,  3  units;  and  class  7,  1  unit.  When  these  co- 
eflScients  are  multiplied  by  the  number  of  countries  in  each  class,  the  products  thus  ob- 
tained, when  added  together,  furnish  the  total  number  of  units  by  which  the  total  expense 
of  the  Union  is  divided  to  ascertain  the  assessment  per  unit  of  expense.  Thus  in  1903 
the  Postmaster  of  the  United  States  reported  that  his  department  was  assessed  26  units 
out  of  the  total  of  656  units,  and  that  the  amoimt  paid  by  the  United  States  was  $958.44. 
(United  States  Post  Office  Report,  1903.) 

The  following  classification  has  been  made: 

Class  1:  United  States,  Germany,  Great  Britain,  France,  Hungary,  British  India, 
Australia,  Canada,  British  colonies  and  protectorates  of  South  Africa,  all  other  British 
colonies  and  protectorates,  Italy,  Japan,  Russia,  and  Turkey. 

Class  2:  Spain. 

Qass  3:  Bel^um,  Braidl,  Egypt,  the  Netherlands,  Roiunania,  Sweden,  Switzerland, 
Algeria,  the  French  colonies  and  protectorates  of  Indo-China,  all  other  French  colonies, 
all  the  insular  possessions  of  the  United  States,  and  the  Dutch  Indies. 

Class  4:  Denmark,  Norway,  Portugal,  Portuguese  colonies  of  Africa,  all  other  Portu- 
guese colonies. 

Class  5:  Argentine,  Bosnia-Herzegovina,  Bulgaria,  Chile,  Colombia,  Greece,  Mexico, 
Peru,  Serbia,  and  Tunis. 

Class  6:  Bolivia,  Costa  Rica,  Cuba,  Dominican  RepubUc,  Ecuador,  Guatemala, 
Haiti,  Honduras,  Luxembourg,  Nicaragua,  Panama,  Paraguay,  Persia,  Salvador,  Siam, 
Uruguay,  Venezuela,  German  protectorate  in  Africa,  German  protectorate  in  Asia  and 
Australasia,  Danish  colonies,  Dutch  Antilles,  and  Dutch  Guiana. 

Class  7:  Congo  Free  State,  Korea,  Crete,  Spanish  settlements  (6tablissements)  in 
the  Gulf  of  Guinea,  all  Italian  colonies,  and  Montenegro.  (Article  38  of  the  Regulations 
for  the  execution  of  the  Univeral  Postal  Convention  signed  at  Rome,  May  26,  1906. 
Hertslet's  Commercial  Treaties,  XXV,  pp.  492-493.) 


THE  NEW  INTERNATIONAL  LAW  55 

members  represented  on  the  Council  is  required,  in  addition 
to  a  majority  of  the  other  members  of  the  League  (excluding 
disputants),  the  principle  of  equaHty  in  the  Assembly's 
decisions  is  sacrificed  because  all  members  of  the  League 
are  not  represented  on  the  Council.  The  same  is  true  with 
regard  to  amendments.  They  inust  be  approved  by  a 
majority  of  the  members  of  the  League  including  those 
represented  on  the  Council.  In  case  all  the  members  of 
the  Assembly  agreed  to  a  report  made  according  to  Article 
XV  or  to  an  amendment,  the  principle  of  equality  would 
be  recognized,  but  the  fact  that  the  vote  of  a  member  of 
the  Council  must  be  in  favor  of  the  proposition  before  it  is 
binding,  and  that  it  will  be  binding  without  the  votes  of  all 
members  of  the  Assembly,  indicates  that  those  members 
of  the  League  having  representatives  on  the  Council  are 
favored  in  these  cases.  Thus  it  is  seen  that  the  members  of 
the  League  are  not  equal  in  representation  (on  the  Council), 
or  in  the  most  important  decisions,  in  voting  power.  This, 
however,  is  only  a  recognition  of  the  actual  poHtical  supe- 
riority of  the  greater  Powers;  it  does  not  derogate  from 
the  principle  of  equaHty  before  the  law. 

The  League  an  International  Person  of  a  New  Type.  — 
It  has  been  seen  that  the  League  of  Nations  is  not  a  State 
in  any  sense  of  the  term,  nor  is  it  a  government  through 
which  the  sovereignty  of  any  particular  State  is  expressed. 
It  cannot  properly  be  called  an  alliance  or  a  confederation, 
although  it  is  more  like  the  latter  than  any  known  inter- 
national organization.  What,  then,  is  its  nature,  and 
juridical  status  in  international  law.f* 

It  is  an  international  person  voluntarily  created  by  the 
organized,  sovereign  States  which  form  its  membership,  for 
certain  definite  objects  and  ends  which  are  enumerated  in 
the  Covenant.    It  is,  itself,  a  subject  of  international  law, 


56  THE  LEAGUE  OF  NATIONS  AND 

but  at  the  same  time  it  is  the  agency  of  the  member  States 
to  firmly  estabHsh  the  understandings  of  international  law 
among  the  Governments  of  those  States.  It  does  this  by 
using  methods  of  arbitration  and  conciUation  in  settUng 
disputes,  and  by  creating  a  Court  of  International  Justice. 
One  of  the  functions  of  this  international  person  is  to  assume 
the  trusteeship  of  the  Saar  Basin  for  a  period  of  at  least 
fifteen  years;  this  means  that  it  is  vested  with  a  legal  title 
to,  and  with  legal  authority  over,  the  territory  of  the 
Basin.  In  other  words,  all  the  rules  of  international  law 
which  apply  in  restraining  one  government  from  encroaching 
on  the  rights  of  another,  apply  to  the  League  in  its  govern- 
ment of  the  Basin,  except  as  otherwise  stipulated  by  the 
Versailles  Treaty.  The  oflScials  of  the  League  enjoy  diplo- 
matic privileges  and  immunities  when  engaged  on  League 
business;  the  representatives  of  the  members  of  the  League 
enjoy  the  same  privileges  and  immunities.  Inviolability 
attaches  to  the  buildings  and  property  occupied  by  the 
League  or  its  oflBcials  or  by  representatives  attending 
meetings  of  the  League. 

The  League  maintains  no  ambassadors  or  ministers  at 
the  capitals  of  its  members.  The  purpose  of  such  repre- 
sentatives is  to  furnish  an  agency  through  which  one 
government  deals  with  another.  In  case  of  the  League  this 
purpose  is  fulfilled,  and  the  objects  for  which  the  organi- 
zation was  created  are  attained,  through  the  three  instru- 
mentaUties  provided  for  in  the  Covenant.  When  the 
Assembly  and  the  Council  are  not  in  session,  the  permanent 
Secretariat  is  the  central  agency  for  transacting  League 
business  falling  within  its  sphere. 

While  possessing  some  attributes  of  sovereignty  which 
have  hitherto  been  regarded  as  attaching  to  sovereignty 
over  any  particular  State,  and  as  expressed  by  the  Govern- 


THE  NEW  INTERNATIONAL  LAW  57 

ment  of  that  State,  the  League  possesses  only  those  attri- 
butes which  the  members  beheved  could  better  be  assigned 
to  a  common  agency  than  retained  by  themselves.  They 
beheved  that  by  granting  to  this  continuous  international 
agency  certain  so-called  rights  of  sovereignty  formerly 
belonging  to  themselves,  the  residue  of  sovereignty  retained 
by  them  would  be  more  secure,  and  not  liable  to  destruction 
by  conquest  of  a  foreign  Power.  They  further  saw  that 
they  would  be  represented  in  the  League,  the  common 
agency  for  exercising  those  attributes  of  sovereignty  volun- 
tarily given  it  by  the  member  States.  In  other  words,  a 
new  international  person  has  been  created,  and  the  members 
of  the  League  have  clothed  that  person  with  only  enough 
power,  machinery,  and  sovereignty,  to  make  reasonable 
of  expectation  the  attainment  of  the  ends  for  which  it  is 
primarily  created,  viz.,  the  maintenance  of  international 
peace  and  security,  and  the  promotion  of  international 
cooperation,  through  the  development  of  international  law. 


CHAPTER  XI 

CONCLUSIONS 

In  forming  conclusions  as  to  the  effect  of  the  League  of 
Nations  upon  international  law  i»-tfe€r1uture,  it  is  well  to 
recapitulate  the  defects  in  that  law,  and  in  the  general 
international  system,  which  existed  before  the  estabhsh- 
ment  of  the  League,  and  then  note  the  remedies  or  improve- 
ments brought  about,  or  likely  to  be  brought  about,  by  the 
formation  of  the  League. 

The  defects  and  weaknesses  in  the  system  existing  up  to 
the  time  of  the  adoption  of  the  Covenant  and  subsequent 
establishment  of  the  League  of  Nations,  may  be  indicated 
by  the  following  questions : 

(1)  Of  conflicting  conceptions  of  international  law, 
which  was  the  correct  conception?  Was  there  really  a 
system  of  international  law,  or  only  a  code  of  ethics  to  be 
regarded  or  disregarded  at  will?  If  there  was  a  system  of 
law,  was  it  positive  or  natural  law,  and  did  the  nations  of 
the  world  need  a  system  of  positive  law  to  govern  them 
in  their  relations  with  one  another? 

(2)  Granting  that  the  need  of  a  system  of  law  was 
reahzed,  were  the  methods  of  developing  that  law  adequate 
for  the  changing  conditions  in  international  relationship? 

(3)  Was  the  need  of  a  system  of  law  felt  so  keenly  by 
the  nations  of  the  world  that  they  felt  prepared  to  join 
together  in  giving  effect  to  the  law  and  providing  sanctions 
to  uphold  it? 

(4)  Was  the  international  machinery  for  administering 


THE  NEW  INTERNATIONAL  LAW  59 

the  law  and  applying  it  to  disputes  between  nations,  ade- 
quate for  the  purpose? 

(5)  And  finally,  was  the  theory  of  international  law 
formulated  in  the  seventeenth  century  under  the  then 
prevaiUng  notions  of  sovereignty,  and  economic  separate- 
ness  of  nations,  adequate  in  every  respect  for  the  world  of 
1920? 

The  answers  to  these  questions  have  been  given  in  the 
body  of  this  paper.  They  may  be  summarized  in  a  single 
paragraph. 

In  view  of  the  preamble  of  the  Covenant  which  makes  the 
understandings  of  international  law  the  actual  rule  of 
conduct  among  Governments,  and  of  that  section  of  the 
Versailles  Treaty  providing  for  the  trial  of  certain  Germans 
for  violation  of  the  laws  and  customs  of  war,  it  is  seen  that 
international  law  is  not  a  code  of  ethics,  but  is  a  system  of 
law.  The  Covenant  shows  plainly  that  the  nations  now 
realize  the  need  of  a  system  of  positive  law.  They  also 
realize  the  inadequacy  of  the  old  machinery  for  administer- 
ing and  applying  the  law,  and  have  by  the  Covenant  pro- 
vided new  agencies  for  these  purposes,  the  most  important 
of  which  is  the  court  of  international  justice.  They  have 
felt  the  need  of  a  system  of  law  so  keenly  that  they  have 
imited  to  give  effect  to  the  rule  of  law,  and  have  agreed 
to  provide  sanctions  in  certain  cases  where  the  supremacy 
of  the  law  is  threatened.  They  have  agreed  to  modify 
the  hitherto  prevaiHng  conception  as  to  what  a  sovereign 
nation  may  or  may  not  do,  and  have  cast  their  lot  with  a 
common  league  of  all,  to  the  end  that  the  government  of 
the  world  may  be  a  government  by  law  and  not  by  diplo- 
mats closeted  in  their  secret  chambers. 


APPENDICES 


APPENDIX  No.  I 

THE  SMUTS  PROPOSALS 

Owing  to  the  fact  that  many  of  the  proposals  of  the  South  African 
statesman,  Jan  Christian  Smuts,  were  incorporated  into  the  League 
of  Nations  Covenant,  the  condensed  form  of  his  plan  is  here  given.  In 
the  original  work  entitled  The  League  of  Nations:  A  Practical  Suggestion,^ 
General  Smuts  discusses  in  detail  each  of  the  twenty-one  points  of  his 
plan,  but  the  heart  of  each  of  his  suggestions  was  summarized  by  him 
as  follows; 

1.  That  in  the  vast  multipUcity  of  territorial,  economic,  and  other 
problems  with  which  the  conference  will  find  itself  confronted  it  should 
look  upon  the  setting  up  of  a  league  of  nations  as  its  primary  and  basic 
task,  and  as  supplying  the  necessary  organ  by  means  of  which  most 
of  those  problems  can  find  their  only  stable  solution.  Lideed,  the  con- 
ference should  regard  itself  as  the  first  or  preUminary  meeting  of  the 
league,  intended  to  work  out  its  organization,  functions,  and  programme. 

2.  That,  so  far  at  any  rate  as  the  peoples  and  territories  formerly 
belonging  to  Russia,  Austria-Hungary,  and  Turkey  are  concerned,  the 
league  of  nations  should  be  considered  as  the  reversionary  in  the  most 
general  sense  and  as  clothed  with  the  right  of  ultimate  disposal  in  ac- 
cordance with  certain  fundamental  principles.  Reversion  to  the  league 
of  nations  should  be  substituted  for  any  poHcy  of  national  annexation. 

3.  These  principles  are:  firstly,  that  there  shall  be  no  annexation 
of  any  of  these  territories  to  any  of  the  victorious  Powers,  and  secondly, 
that  in  the  future  government  of  these  territories  and  peoples  the  rule 
of  self-determination,  or  the  consent  of  the  governed  to  their  form  of 
government,  shall  be  fairly  and  reasonably  applied. 

4.  That  any  authority,  control,  or  administration  which  may  be 
necessary  in  respect  of  these  territories  and  peoples,  other  than  their 

Published  December  16,  1918. 
61 


62  APPENDIX 

own  self-determined  autonomy,  shall  be  the  exclusive  function  of  and 
shall  be  vested  in  the  league  of  nations  and  exercised  by  or  on  behalf  of 
it. 

5.  That  it  shall  be  lawful  for  the  league  of  nations  to  delegate  its 
authority,  control,  or  administration  in  respect  of  any  people  or  territory 
to  some  other  state  whom  it  may  appoint  as  its  agent  or  mandatory, 
but  that  wherever  possible  the  agent  or  mandatory  so  appointed  shall 
be  nominated  or  approved  by  the  autonomous  people  or  territory, 

6.  That  the  degree  of  authority,  control,  or  administration  exercised 
by  the  mandatory  state  shall  in  each  case  be  laid  down  by  the  league 
in  a  special  act  or  charter,  which  shall  reserve  to  it  complete  power  to 
ultimate  control  and  supervision,  as  well  as  the  right  of  appeal  to  it  from 
the  territory  or  people  affected  against  any  gross  breach  of  the  mandate 
by  the  mandatory  state. 

7.  That  the  mandatory  state  shall  in  each  case  be  bound  to  main- 
tain the  policy  of  the  open  door,  or  equal  economic  opportunity  for  all, 
and  shall  form  no  miUtary  forces  beyond  the  standard  laid  down  by  the 
league  for  the  purposes  of  internal  police. 

8.  That  no  new  state  arising  from  the  old  empires  be  recognized 
or  admitted  into  the  league  unless  on  condition  that  its  mihtary  forces 
and  armaments  shall  conform  to  the  standard  laid  down  by  the  league 
in  respect  of  it  from  time  to  time. 

9.  That,  as  the  successor  to  the  empires,  the  league  of  nations  will 
directly  and  without  power  of  delegation  watch  over  the  relations  inter 
se  of  the  new  independent  states  arising  from  the  break-up  of  those 
empires,  and  will  regard  as  a  very  special  task  the  duty  of  conciliating 
and  composing  differences  between  them  with  a  view  to  the  maintenance 
of  good  order  and  general  peace. 

10.  The  constitution  of  the  league  will  be  that  of  a  permanent  con- 
ference between  the  Governments  of  the  constituent  states  for  the  pur- 
pose of  joint  international  action  in  certain  defined  respects,  and  will 
not  derogate  from  the  independence  of  those  states.  It  will  consist  of 
a  general  conference,  a  council,  and  courts  of  arbitration  and  con- 
ciliation. 

11.  The  general  conference,  in  which  all  constituent  states  will 
have  equal  voting  power,  will  meet  periodically  to  discuss  matters 
submitted  to  it  by  the  council.  These  matters  will  be  general  measures 
of  international  law  or  arrangements  or  general  proposals  for  limitation 
of  armaments  for  securing  world  peace,  or  any  other  general  resolutions, 
the  discussion  of  which  by  the  conference  is  desired  by  the  council  before 
they  are  forwarded  for  the  approval  of  the  constituent  Governments. 


APPENDIX  63 

Any  resolutions  passed  by  the  conference  will  have  the  effect  of  recom- 
mendations to  the  national  Governments  and  Parliaments. 

12.  The  comicil  will  be  the  executive  committee  of  the  league, 
and  will  consist  of  the  Prime  Ministers  or  Foreign  Secretaries  or  other 
authoritative  representatives  of  the  Great  Powers,  together  with  the 
representatives  drawn  in  rotation  from  two  panels  of  the  middle  Powers 
and  minor  states  respectively,  in  such  a  way  that  the  Great  Powers  have 
a  bare  majority.  A  minority  of  three  or  more  can  veto  any  action  or 
resolution  of  the  council. 

13.  The  council  will  meet  periodically,  and  will,  in  addition,  hold 
an  annual  meeting  of  Prime  Ministers  or  Foreign  Secretaries  for  a 
general  interchange  of  views,  and  for  a  review  of  the  general  pohcies 
of  the  league.  It  will  appoint  a  permanent  secretariat  and  staff,  and  will 
appoint  joint  committees  for  the  study  and  coordination  of  the  inter- 
national questions  with  which  the  council  deals,  or  questions  likely  to 
lead  to  international  disputes.  It  will  also  take  the  necessary  steps 
for  keeping  up  proper  liaison,  not  only  with  the  Foreign  Offices  of  the 
constituent  Governments,  but  also  with  the  authorities  acting  on 
behalf  of  the  league  in  various  parts  of  the  world. 

14.  Its  functions  will  be: 

(a)  To  take  executive  action  or  control  in  regard  to  the  matters  set 
forth  in  Section  A  [that  is,  points  1  to  9]  or  under  any  international 
arrangements  or  conventions; 

(6)  To  administer  and  control  any  property  of  an  international 
character,  such  as  international  waterways,  rivers,  straits,  railways, 
fortifications,  air  stations,  etc.; 

(c)  To  formulate  for  the  approval  of  the  Governments  general 
measures  of  international  law,  or  arrangements  for  Umitation  of  arma- 
ments or  promotion  of  world  peace. 

(Its  remaining  functions  in  regard  to  world  peace  are  dealt  with  in 
the  following  Section  C  [that  is,  points  14  to  21]). 

15.  That  all  the  states  represented  at  the  peace  conference  shall 
agree  to  the  abolition  of  conscription  or  compulsory  military  service; 
and  that  their  future  defence  shall  consist  of  militia  or  volunteers,  whose 
numbers  and  training  shall,  after  expert  inquiry,  be  fixed  by  the  council 
of  the  league. 

16.  That  while  the  hmitation  of  armaments  in  the  general  sense  is 
impracticable,  the  council  of  the  league  shall  determine  what  direct 
military  equipment  and  armament  is  fair  and  reasonable  in  respect  of 
the  forces  laid  down  under  paragraph  15,  and  that  the  limits  fixed  by 
the  council  shall  not  be  exceeded  without  its  permission. 


64  APPENDIX 

17.  That  all  factories  for  the  manufacture  of  direct  weapons  of  war 
shall  be  nationaUzed  and  their  production  shall  be  subject  to  the  in- 
spection of  officers  of  the  council;  and  that  the  council  shall  be  furnished 
periodically  with  returns  of  imports  and  exports  of  munitions  of  war 
into  or  from  territories  of  its  members,  and  as  far  as  possible  into  or  from 
other  countries. 

18.  That  the  peace  treaty  shall  provide  that  the  members  of  the 
league  bind  themselves  jointly  and  severally  not  to  go  to  war  with 
one  another  — 

(a)  without  previously  submitting  the  matter  in  dispute  to  arbi- 
tration, or  to  inquiry  by  the  council  of  the  league;  and 

(6)  until  there  has  been  an  award,  or  a  report  by  the  council;    and 
(c)  not  even  then,  as  against  a  member  which  comphes  with  the 
award,  or  with  the  recommendation  (if  any)  made  by  the  council  in 
its  report. 

19.  That  the  peace  treaty  shall  provide  that  if  any  member  of  the 
league  breaks  its  covenant  under  paragraph  18,  it  shall  ipso  facto  become 
at  war  with  all  the  other  members  of  the  league,  which  shall  subject  it 
to  complete  economic  and  financial  boycott,  including  the  severance  of 
all  trade  and  financial  relations  and  the  prohibition  of  all  intercourse 
between  their  subjects  and  the  subjects  of  the  covenant-breaking  state, 
and  the  prevention,  as  far  as  possible,  of  the  subjects  of  the  covenant- 
breaking  state  from  having  any  commercial  or  financial  intercourse  with 
the  subjects  of  any  other  state,  whether  a  member  of  the  league  or  not. 

While  all  members  of  the  league  are  obhged  to  take  the  above 
measures,  it  is  left  to  the  council  to  recommend  what  effective  naval  or 
military  force  the  members  shall  contribute,  and,  if  advisable,  to  ab- 
solve the  smaller  members  of  the  league  from  making  such  contribution. 

The  covenant-breaking  state  shall  after  the  restoration  of  peace  be 
subject  to  perpetual  disarmament  and  to  the  peaceful  regime  established 
for  new  states  under  paragraph  8. 

20.  That  the  peace  treaty  shall  further  provide  that  if  a  dispute 
should  arise  between  any  members  of  the  league  as  to  the  interpretation 
of  a  treaty,  or  as  to  any  question  of  international  law,  or  as  to  any  fact 
which  if  established  would  constitute  a  breach  of  any  international 
obhgation,  or  as  to  any  damage  alleged  and  the  nature  and  measure  of 
the  reparation  to  be  made  therefor,  and  if  such  dispute  cannot  be  settled 
by  negotiation,  the  members  bind  themselves  to  submit  the  dispute 
to  arbitration  and  to  carry  out  any  award  or  decision  which  may  be 
rendered. 

21.  That  if  on  any  ground  it  proves  impracticable  to  refer  such 


APPENDIX  65 

dispute  [that  is  non-justiciable  disputes]  to  arbitration,  either  party  to 
the  dispute  may  apply  to  the  council  to  take  the  matter  of  the  dispute 
into  consideration.  The  council  shall  give  notice  of  the  appUcation  to 
the  other  party,  and  make  the  necessary  arrangements  for  the  hearing 
of  the  dispute.  The  council  shall  ascertain  the  facts  in  regard  to  the 
dispute  and  make  recommendations  based  on  the  merits,  and  calculated 
to  secure  a  just  and  lasting  settlement.  Other  members  of  the  league 
shall  place  at  the  disposal  of  the  council  all  information  in  their  posses- 
sion which  bears  on  the  dispute.  The  council  shall  do  its  utmost  by 
mediation  and  conciUation  to  induce  the  disputants  to  agree  on  a 
peaceful  settlement.  The  recommendations  shall  be  addressed  to  the 
disputants  and  shall  not  have  the  force  of  decisions.  If  either  party 
threatens  to  go  to  war  in  spite  of  the  recommendations,  the  council 
shall  pubhsh  its  recommendations.  K  the  council  fails  to  arrive  at 
recommendations,  both  the  majority  and  the  minority  on  the  council 
may  pubhsh  statements  of  the  respective  recommendations  they  favor, 
and  such  pubhcation  shall  not  be  regarded  as  an  unfriendly  act  by 
either  of  the  disputants. 


APPENDIX  No.  n 

A  DRAFT  OF  THE  COMPOSITE  COVENANT  MADE  BY  THE  LEGAL 
ADVISERS  OF  THE  COMMISSION  ON  THE  LEAGUE 

PRESENTED  BY  MR.  LODGE 

August  20,  1919  —  Ordered  to  be  printed 
Senate  Doc.  74,  66  Cong.  1st  Session 

COVENANT 

Preamble 

In  order  to  secure  international  peace  and  security  by  tlie  acceptance 
of  obligations  not  to  resort  to  the  use  of  armed  force,  by  the  prescription 
of  open,  just,  and  honorable  relations  between  nations,  by  the  firm 
establishment  of  the  understandings  of  international  law  as  the  actual 
rule  of  conduct  among  governments,  and  by  the  maintenance  of  justice 
and  a  scrupulous  respect  for  all  treaty  obhgations  in  the  dealings  of 
organized  peoples  with  one  another,  and  in  order  to  promote  international 
cooperation,  the  powers  signatory  to  this  covenant  adopt  this  constitu- 
tion of  the  league  of  nations. 

Article  1 

The  action  of  the  high  contracting  parties  under  the  terms  of  this 
covenant  shall  be  effected  through  the  instrumentahty  of  meetings  of 
delegates  representing  the  high  contracting  parties,  of  meetings  at 
more  frequent  intervals  of  an  executive  council  representing  the  States 
more  immediately  concerned  in  the  matters  under  discussion,  and  of 
a  permanent  international  secretariat  to  be  estabhshed  at  the  capital 
of  the  league. 

Article  2 

Meetings  of  the  body  of  delegates  shall  be  held  from  time  to  time 
as  occasion  may  require  for  the  purpose  of  dealing  with  matters  within 
the  sphere  of  action  of  the  league. 

Meetings  of  the  body  of  delegates  shall  be  held  at  the  capital  of  the 
league  or  at  such  other  place  as  may  be  found  convenient  and  shall 

66 


APPENDIX  67 

consist  of  not  more  than  two  representatives  of  each  of  the  high  con- 
tracting parties. 

An  ambassador  or  minister  of  one  of  the  high  contracting  parties 
shall  be  competent  to  act  as  its  representative. 

All  matters  of  procedure  at  meetings  of  the  body  of  delegates,  in- 
cluding the  appointment  of  committees  to  investigate  particular  matters, 
shall  be  regulated  by  the  body  of  delegates  and  may  be  decided  by  a 
majority  of  those  present  at  the  meeting. 

Article  3 

The  representatives  of  the  States  members  of  the  league  directly 
affected  by  matters  within  the  sphere  of  action  of  the  league  will  meet 
as  an  executive  council  from  time  to  time  as  occasion  may  require. 

The  United  States  of  America,  Great  Britain,  France,  Italy,  and 
Japan  shall  be  deemed  to  be  directly  affected  by  all  matters  within 
the  sphere  of  action  of  the  league.  Invitations  will  be  sent  to  any 
power  whose  interests  are  directly  affected,  and  no  decision  taken  at 
any  meeting  will  be  binding  on  a  State  which  was  not  invited  to  be 
represented  at  the  meeting. 

Such  meetings  will  be  held  at  whatever  place  may  be  decided  on, 
or  failing  any  such  decision  at  the  capital  of  the  league,  and  any  mat- 
ter affecting  the  interests  of  the  league  or  relating  to  matters  within 
its  sphere  of  action  or  likely  to  affect  the  peace  of  the  world  may  be 
dealt  with. 

Article  4 

The  permanent  secretariat  of  the  league  shall  be  established  at 
which  shall  constitute  the  capital  of  the  league.     The  secre- 


tariat shall  comprise  such  secretaries  and  staff  as  may  be  required, 
under  the  general  direction  and  control  of  a  chancellor  of  the  league 
by  whom  they  shall  be  appointed. 

The  chancellor  shall  act  as  secretary  at  all  meetings  of  the  body  of 
delegates  or  of  the  executive  council. 

The  expenses  of  the  secretariat  shall  be  borne  by  the  States  mem- 
bers of  the  league  in  accordance  with  the  distribution  among  mem- 
bers of  the  Postal  Union  of  the  expenses  of  the  International  Postal 
Union. 

Article  5 

Representatives  of  the  high  contracting  parties  and  oflficials  of  the 
league  when  engaged  on  the  business  of  the  league  shall  enjoy  diplo- 
matic privileges  and  immunities,  and  the  buildings  occupied  by  the 


68  APPENDIX 

league  or  its  officials  or  by  representatives  attending  its   meetings 
shall  enjoy  the  benefits  of  extraterritoriaUty. 

Article  6 

Admission  to  the  league  of  States  who  are  not  signatories  of  this 
covenant  requires  the  assent  of  not  less  than  two-thirds  of  the  body 
of  delegates. 

No  State  shall  be  admitted  to  the  league  except  on  condition  that 
its  military  and  naval  forces  and  armaments  shall  conform  to  stand- 
ards prescribed  by  the  league  in  respect  of  it  from  time  to  time. 

Article  7 

The  high  contracting  parties  undertake  to  respect  and  preserve  as 
against  external  aggression  the  territorial  integrity  and  existing  pohtical 
independence  of  all  States  members  of  the  league. 

Article  8 

The  high  contracting  parties  recognize  the  principle  that  the  main- 
tenance of  peace  will  require  the  reduction  of  national  armaments  to 
the  lowest  point  consistent  with  domestic  safety  and  the  enforcement 
by  common  action  of  international  obhgations;  and  the  executive 
council  shall  formulate  plans  for  effecting  such  reduction.  It  shall 
also  inquire  into  the  feasibihty  of  abolishing  compulsory  mihtary  service 
and  the  substitution  therefor  of  forces  enrolled  upon  a  voluntary  basis 
and  into  the  mihtary  and  naval  equipment  which  it  is  reasonable  to 
maintain. 

The  high  contracting  parties  further  agree  that  there  shall  be  full 
and  frank  publicity  as  to  all  national  armaments  and  mihtary  or  naval 
programs. 

Article  9 

Any  war  or  threat  of  war,  whether  immediately  affecting  any  of 
the  high  contracting  parties  or  not,  is  hereby  declared  a  matter  of 
concern  to  the  league  and  the  high  contracting  parties  reserve  the 
right  to  take  any  action  that  may  be  deemed  wise  and  effectual  to 
safeguard  the  peace  of  nations. 

It  is  hereby  also  declared  and  agreed  to  be  the  friendly  right  of 
each  of  the  high  contracting  parties  to  draw  the  attention  of  the  body 
of  delegates  or  of  the  executive  council  to  any  circumstances  anywhere 
which  threaten  to  disturb  international  peace  or  the  good  understanding 
between  nations  upon  which  peace  depends. 


APPENDIX  69 

Article  10 

The  high  contracting  parties  agree  that  should  disputes  arise  be- 
tween them  which  can  not  be  adjusted  by  the  ordinary  processes  of 
diplomacy,  they  will  in  no  case  resort  to  armed  force  without  pre- 
viously submitting  the  questions  and  matters  involved  either  to  arbi- 
tration or  to  inquiry  by  the  executive  council,  and  until  three  months 
after  the  award  by  the  arbitrators  or  a  recommendation  by  the  exec- 
utive council;  and  that  they  will  not  even  then  resort  to  armed  force 
as  against  a  member  of  the  league  which  complies  with  the  award 
of  the  arbitrators  or  the  recommendation  of  the  executive  council. 

Article  11 

The  high  contracting  parties  agree  that  whenever  any  dispute  or 
difficulty  shall  arise  between  them  which  they  recognize  to  be  suit- 
able for  submission  to  arbitration  and  which  can  not  be  satisfactorily 
settled  by  diplomacy,  they  will  submit  the  whole  subject  matter  to 
arbitration  and  will  carry  out  in  full  good  faith  any  award  or  decision 
that  may  be  rendered. 

Article  12 

The  executive  council  will  formulate  plans  for  the  establishment 
of  a  permanent  court  of  international  justice  and  this  court  will  be 
competent  to  hear  and  determine  any  matter  which  the  parties  rec- 
ognize as  suitable  for  submission  to  it  for  arbitration  imder  the  fore- 
going article. 

Article  13 

If  there  should  arise  between  States  members  of  the  league  any 
dispute  Kkely  to  lead  to  a  rupture,  which  is  not  submitted  to  arbi- 
tration as  above,  the  high  contracting  parties  agree  that  they  will 
refer  the  matter  to  the  executive  council;  either  party  to  the  dispute 
may  give  notice  to  the  chancellor  of  the  existence  of  the  dispute,  and 
the  chancellor  will  make  all  necessary  arrangements  for  a  full  in- 
vestigation and  consideration  thereof.  For  this  purpose  the  parties 
agree  to  communicate  to  the  chancellor  statements  of  their  case,  with 
all  the  relevant  facts  and  papers. 

Where  the  efforts  of  the  council  lead  to  the  settlement  of  the  dis- 
pute a  statement  shall  be  prepared  for  publication  indicating  the 
nature  of  the  dispute  and  the  terms  of  settlement,  together  with  such 
explanations  as  may  be  appropriate.  If  the  dispute  has  not  been 
settled  a  report  by  the  council  shall  be  pubhshed,  setting  forth  with  all 


70  APPENDIX 

necessary  facts  and  explanations,  the  recommendations  which  the 
comicil  think  just  and  proper  for  the  settlement  of  the  dispute.  If  the 
report  is  unanimously  agreed  to  by  the  members  of  the  council,  other 
than  the  parties  to  the  dispute,  the  high  contracting  parties  agree  that 
none  of  them  will  go  to  war  with  any  party  which  complies  with  its 
recommendations.  If  no  such  unanimous  report  can  be  made  it  shall 
be  the  duty  of  the  majority  to  issue  a  statement  indicating  what  they 
beheve  to  be  the  facts  and  containing  the  recommendations  which  they 
consider  to  be  just  and  proper. 

The  executive  coimcil  may  in  any  case  under  this  article  refer 
the  dispute  to  the  body  of  delegates.  The  dispute  shall  be  so  referred 
at  the  request  of  either  party  to  the  dispute.  In  any  case  referred  to 
the  body  of  delegates  all  the  provisions  of  this  article  relating  to  the 
action  and  powers  of  the  executive  council  shall  apply  to  the  action  and 
powers  of  the  body  of  delegates. 

Article  14 

Should  any  of  the  high  contracting  parties  be  found  by  the  league 
to  have  broken  or  disregarded  its  covenants  imder  Article  X  it  shall 
thereby  ipso  facto  be  deemed  to  have  committed  an  act  of  war  against 
all  the  other  members  of  the  league,  which  shall  immediately  subject 
it  to  the  severance  of  all  trade  or  financial  relations,  the  prohibition  of 
all  intercourse  between  their  nationals  and  the  nationals  of  the  covenant- 
breaking  State,  and  the  prevention,  so  far  as  possible,  of  all  financial, 
commercial,  or  personal  intercourse  between  the  nationals  of  the  cove- 
nant-breaking State  and  the  nationals  of  any  other  State,  whether  a 
member  of  the  league  or  not. 

It  shall  be  the  duty  of  the  executive  council  in  such  a  case  to  rec- 
ommend what  effective  mihtary  or  naval  force  the  members  of  the 
league  shall  severally  contribute  to  the  armed  forces  to  be  used  to 
protect  the  covenants  of  the  league. 

The  high  contracting  parties  agree,  further,  that  they  will  mutu- 
ally support  one  another  in  the  financial  and  economic  measures  which 
are  taken  under  this  article  in  order  to  minimize  the  loss  and  incon- 
venience resulting  from  the  above  measures,  and  that  they  will  mu- 
tually support  one  another  in  resisting  any  special  measures  aimed 
at  one  of  their  number  by  the  covenant-breaking  State,  and  that  they 
will  afford  passage  through  their  territory  to  the  forces  of  any  of  the 
high  contracting  parties  who  are  cooperating  to  protect  the  covenants 
of  the  league. 


APPENDIX  71 

Article  15 

In  the  event  of  disputes  between  one  State  member  of  the  league 
and  another  State  which  is  not  a  member  of  the  league,  or  between 
States  not  members  of  the  league,  the  high  contracting  parties  agree 
that  the  State  or  States  not  members  of  the  league  shall  be  invited  to 
become  ad  hoc  members  of  the  league,  and  upon  acceptance  of  any 
such  invitation,  the  above  provisions  shall  be  applied  with  such  modi- 
fications as  may  be  deemed  necessary  by  the  league. 

Upon  such  invitation  being  given  the  executive  council  shall  im- 
mediately institute  an  inquiry  into  the  circumstances  and  merits  of 
the  dispute  and  recommend  such  action  as  may  seem  best  and  most 
effectual  in  the  circumstances. 

In  the  event  of  a  power  so  invited  refusing  to  become  ad  hoc  a 
member  of  the  league,  and  taking  any  action  against  a  State  mem- 
ber of  the  league,  which  in  the  case  of  a  State  member  of  the  league 
would  constitute  a  breach  of  Article  X,  the  provisions  of  Article  XIV 
shall  be  applicable  as  against  the  State  taking  such  action. 

If  both  parties  to  the  dispute  when  so  invited  refuse  to  become  ad 
hoc  members  of  the  league  the  executive  council  may  take  such  action 
and  make  such  recommendations  as  will  prevent  hostilities  and  will 
result  in  the  settlement  of  the  dispute. 

Article  16 

The  high  contracting  parties  entrust  to  the  league  the  general 
supervision  of  the  trade  in  arms  and  ammunition  with  the  countries 
in  which  the  control  of  this  traflfic  is  necessary  in  the  common  interest. 

Article  17 
The  high  contracting  parties  agree  that  in  respect  of  territories 
which  formerly  belonged  to  the  German  Empire  or  to  Turkey  and 
which  are  inhabited  by  i>eoples  unable  at  present  to  secure  for  them- 
selves the  benefits  of  a  stable  administration,  the  well  being  of  these 
peoples  constitutes  a  sacred  trust  for  civilization  and  imposes  upon 
the  States  members  of  the  league  the  obhgation  to  render  help  and 
guidance  in  the  development  of  the  administration.  They  recognize 
that  all  policies  of  administration  or  economic  development  should 
be  based  primarily  upon  the  well-considered  interests  of  the  peoples 
themselves,  upon  the  maintenance  of  the  policy  of  the  open  door  and 
of  equal  opportunity  for  all  the  high  contracting  parties  in  respect 
of  the  use  and  development  of  the  economic  resources  of  the  territory. 
No  military  or  naval  forces  shall  be  formed  among  the  inhabitants 


72  APPENDIX 

of  the  territories  in  excess  of  those  required  for  purposes  of  defense 
and  of  internal  police. 

Article  18 

The  high  contracting  parties  will  work  to  establish  and  maintain 
fair  hours  and  humane  conditions  of  labor  for  all  those  within  their 
several  jurisdictions  and  they  will  exert  their  influence  in  favor  of 
the  adoption  and  maintenance  of  a  similar  pohcy  and  hke  safeguards 
wherever  their  industrial  and  commercial  relations  extend.  Also 
they  will  appoint  commissions  to  study  conditions  of  industry  and 
labor  in  their  international  aspects  and  to  make  recommendations 
thereon,  including  the  extension  and  improvement  of  existing  con- 
ventions. 

Article  19 

The  high  contracting  parties  agree  that  they  will  make  no  law 
prohibiting  or  interfering  with  the  free  exercise  of  religion,  and  that 
they  will  in  no  way  discriminate,  either  in  law  or  in  fact,  against  those 
who  practice  any  particular  creed,  religion,  or  belief  whose  practices 
are  not  inconsistent  with  public  order  or  pubhc  morals. 

Article  20 
The  high  contracting  parties  will  agree  upon  provisions  intended 
to  secure  and  maintain  freedom  of  transit  and  just  treatment  for  the 
commerce  of  all  States  members  of  the  league. 

Article  21 

The  high  contracting  parties  agree  that  any  treaty  or  international 
engagement  entered  into  between  States  members  of  the  league  shall 
be  forthwith  registered  with  the  chancellor  and  as  soon  as  possible 
published  by  him. 

Article  22 

The  high  contracting  parties  severally  agree  that  the  present  cove- 
nant is  accepted  as  abrogating  all  obligations  inter  se  which  are  in- 
consistent with  the  terms  hereof,  and  solemnly  engage  that  they  will 
not  hereafter  enter  into  any  engagements  inconsistent  with  the  terms 
hereof. 

In  case  any  of  the  powers  signatory  hereto  or  subsequently  ad- 
mitted to  the  league  shall,  before  becoming  a  party  to  this  covenant, 
have  undertaken  any  obligations  which  are  inconsistent  with  the 
terms  of  this  covenant,  it  shall  be  the  duty  of  such  power  to  take  im- 
mediate steps  to  procure  its  release  from  such  obligations. 


APPENDIX  No.  Ill 


LEAGUE  OF  NATIONS 
COMPARISON  OF  THE  PLAN  FOR  THE  LEAGUE  OF  NATIONS 

SHOWING  THE  OBIGINAL  DRAFT  AS  PRESENTED  TO  THE  COMMISSION  CONSTITUTED  BY  THE 
PRELIMINARY  PEACE  CONFERENCE  IN  SESSION  AT  VERSAILLES,  FRANCE,  TOGETHER 
WITH  THE  COVENANT  AS  FINALLY  REPORTED  AND  ADOPTED  AT  THE  PLENARY  SESSION 
OP  THE  PEACE  CONFERENCE. 

PRESENTED  BY  MR.  PITTMAN 

May  20,  1919  —  Ordered  to  be  printed 
Senate  Doc.  7,  66  Cong.  1st  Session 

Covenant  for  the  League  of  Nations  Showing  the  Preliminary  Reported 
Draft  and  the  Covenant  as  Finally  Adopted  at  the  Plenary  Session. 

In  the  revised  text,  the  italics  which  are  the  author's  show  changes  from  the 
original,  or  new  matter.  The  revised  text  has  been  corrected  from  the  official  text  of 
the  Versailles  Treaty. 

PRELIMINARY  DRAFT  DRAFT  FINALLY  ADOPTED 

Covenant  —  Preamble 

In  order  to  promote  interna-  The  high  contracting  parties, 

tional  cooperation  and  to  secure  in  order  to  promote  international 

international  peace  and   security  cooperation,    to    achieve   interna- 

by  the  acceptance  of  obligations  tional  peace  and  security  by  the 

not  to  resort  to  war,  by  the  pre-  acceptance  of  obligations  not  to 

scription  of  open,  just,  and  hon-  resort  to  war,  by  the  prescription 

orable  relations  between  nations,  of  open,  just,  and  honorable  rela- 

by  the  firm  establishment  of  the  tions  between  nations,  by  the  firm 

understandings     of    international  establishment  of  the  understand- 

law  as  the  actual  rule  of  conduct  ings  of  international  laws  as  the 

among  Governments,  and  by  the  actual    rule    of    conduct    among 

maintenance    of    justice    and    a  governments  and  by  the  mainte- 

scrupulous  respect  for  all  treaty  nance  of  justice  and  a  scrupulous 

obligations  in  the  dealings  of  or-  respect  for  all  treaty  obhgations 

73 


74 


APPENDIX 


ganized  people  with  one  another,  in  the  dealings  of  organized  peo- 

the  powers  signatory  to  this  cove-  pies  with  one  another,   agree  to 

nant  adopt  this  constitution  of  the  this    covenant    of    the    league    of 

league  of  nations.  nations. 

Article   1 

The  original  members  of  the 
league  of  nations  shall  be  those 
of  the  signatories  which  are 
named  in  the  annex  to  this  cov- 
enant and  also  such  of  those  other 
States  named  in  the  annex  as 
shall  accede  without  reservation 
to  this  covenant.  Such  accession 
shall  be  efiFected  by  a  declaration 
deposited  with  the  secretariat 
within  two  months  of  the  coming 
into  force  of  the  covenant.  No- 
tice thereof  shall  be  sent  to  all 
other  members  of  the  league. 

Any  fully  self-governing  State, 
dominion,  or  colony  not  named  in 
the  annex  may  become  a  member 
of  the  league  if  its  admission  is 
agreed  by  two-thirds  of  the  as- 
sembly, provided  that  it  shall 
give  effective  guaranties  of  its 
sincere  intention  to  observe  its  in- 
ternational obligations  and  shall 
accept  such  regulations  as  may 
be  prescribed  by  the  league  in  re- 
gard to  its  military,  naval  and  air 
forces  and  armaments. 

Any  member  of  the  league  mayy 
after  two  years'  notice  of  its  in- 
tention so  to  do,  imthdraw  from 
the  leaguBy  provided  that  all  its 
international  obligations  and  aU 
its  obligations  under  this  cove- 
nant shall  have  been  fulfilled  at 
the  time  of  its  loithdrawal. 


See  Par.  1,  Article  7. 


See  Par.  2,  Article  7. 


APPENDIX 


75 


Article  1 
The  action  of  the  high  con- 
tracting parties  under  the  terms 
of  this  covenant  shall  be  efiPected 
through  the  instrumentality  of 
meeting  of  a  body  of  delegates 
representing  the  high  contracting 
parties,  of  meeting  at  more  fre- 
quent intervals  of  an  executive 
council,  and  of  a  permanent  in- 
ternational secretariat  to  be  estab- 
lished at  the  seat  of  the  league. 

Article  2 

Meetings  of  the  body  of  dele- 
gates shall  be  held  at  stated  inter- 
vals and  from  time  to  time  as  occa- 
sion may  require  for  the  purpose 
of  dealing  with  matters  within 
the  sphere  of  action  of  the  league. 

Meetings  of  the  body  of  dele- 
gates shall  be  held  at  the  seat  of 
the  league  or  at  such  other  place 
as  may  be  found  convenient,  and 
shall  consist  of  representatives  of 
the  high  contracting  parties. 


Each  of  the  high  contracting 
parties  shall  have  one  vote,  but 
may  not  have  more  than  three 
representatives. 


Article  3 

The  executive  council  shall 
consist  of  representatives  of  the 
United  States  of  America,  the 
British    Empire,    France     Italy, 


Article  2 
The  action  of  the  league  under 
this  covenant  shall  be  effected 
through  the  instrumentality  of 
an  assembly  and  of  a  council, 
with  a  permanent  secretariat. 


Article  3 

The  assembly  shall  consist  of 
representatives  of  the  members 
of  the  league. 

The  assembly  shall  meet  at 
stated  intervals  and  from  time  to 
time  as  occasion  may  require,  at 
the  seat  of  the  league  or  at  such 
other  place  as  may  be  decided 
upon. 


The  assembly  may  deal  at  its 
meetings  with  any  matter  within 
the  sphere  of  action  of  the  league 
or  affecting  the  peace  of  the  world. 

At  meetings  of  the  assembly 
each  member  of  the  league  shall 
have  one  vote,  and  may  have  not 
more  than  three  representatives. 

Article  4 

The  council  shall  consist  of 
representatives  of  the  United 
States  of  America,  of  the  British 
Empire,  of  France,  of  Italy,  and 


76 


APPENDIX 


and  Japan,  together  with  repre- 
sentatives of  four  other  States, 
members  of  the  league.  The  se- 
lection of  these  four  States  shall 
be  made  by  the  body  of  delegates 
on  such  principles  and  in  such 
manner  as  they  think  fit.  Pend- 
ing the  appointment  of  these  rep- 
resentatives of  the  other  States, 

representatives  of shall  be 

members  of  the  executive  council. 


Meetings  of  the  council  shall  be 
held  from  time  to  time  as  occasion 
may  require,  and  at  least  once  a 
year,  at  whatever  place  may  be 
decided  upon,  or,  failing  any  such 
decision,  at  the  seat  of  the  league, 
and  any  matter  within  the  sphere 
of  action  of  the  league  or  affecting 
the  peace  of  the  world  may  be 
dealt  with  at  such  meetings. 

Invitations  shall  be  sent  to  any 
power  to  attend  a  meeting  of  the 
council  at  which  matters  directly 
affecting  its  interests  are  to  be  dis- 
cussed, and  no  decision  taken  at 
any  meeting  will  be  binding  on 
such  powers  unless  so  invited. 


of  Japan,  together  with  represent- 
atives of  four  other  members  of 
the  league.  These  four  members 
of  the  league  shall  be  selected  by 
the  assembly  from  time  to  time 
in  its  discretion.  Until  the  ap- 
pointment of  the  representatives 
of  the  four  members  of  the  league 
first  selected  by  the  assembly,  rep- 
resentatives of  Belgium,  Brazil, 
Spain,  and  Greece  shall  be  mem- 
bers of  the  council. 

With  the  approval  of  the  ma- 
jority of  the  assembly,  the  coun- 
cil may  name  additional  members 
of  the  league,  whose  representa- 
tives shall  always  be  members  of 
the  council,  the  council  with  like 
approval  may  increase  the  num- 
ber of  members  of  the  league  to 
be  selected  by  the  assembly  for 
representation  on  the  council. 

The  council  shall  meet  from 
time  to  time  as  occasion  may  re- 
quire, and  at  least  once  a  year,  at 
the  seat  of  the  league,  or  at  such 
other  place  as  may  be  decided 
upon. 

The  council  may  deal  at  its 
meetings  with  any  matter  within 
the  sphere  of  action  of  the  league 
or  affecting  the  peace  of  the 
world. 

Any  member  of  the  league  not 
represented  on  the  council  shall 
be  invited  to  send  a  representa- 
tive to  sit  as  a  member  at  any 
meeting  of  the  council  during  the 
consideration  of  matters  specially 
affecting  the  interests  of  that 
member  of  the  league. 


APPENDIX 


77 


At  meetings  of  the  council  each 
member  of  the  league  represented 
on  the  council  shall  have  one  vote, 
and  may  have  not  more  than  one 
representative. 


Article  4 


All  matter  of  procedure  at 
meetings  of  the  body  of  delegates 
or  the  executive  council,  includ- 
ing the  appointment  of  the  com- 
mittees to  investigate  particular 
matters,  shall  be  regulated  by  the 
body  of  delegates  or  the  executive 
council,  and  may  be  decided  by  a 
majority  of  the  States  represented 
at  the  meeting. 

The  first  meeting  of  the  body 
of  delegates  and  of  the  executive 
council  shall  be  summoned  by  the 
President  of  the  United  States  of 
America. 


Article  5 

Except  where  otherwise  ex- 
pressly provided  in  this  covenant, 
or  by  the  terms  of  this  treaty, 
decisions  at  any  meeting  of  the 
assembly  or  of  the  council  shall 
require  the  agreement  of  all  the 
members  of  the  league  repre- 
sented at  the  meeting. 

All  matters  of  procedure  at 
meetings  of  the  assembly  or  of  the 
council,  including  the  appoint- 
ment of  committees  to  investigate 
particular  matters,  shall  be  regu- 
lated by  the  assembly  or  by  the 
council,  and  may  be  decided  by 
a  majority  of  the  members  of 
the  league  represented  at  the 
meeting. 

The  first  meeting  of  the  assem- 
bly and  the  first  meeting  of  the 
council  shall  be  summoned  by  the 
President  of  the  United  States  of 
America. 


Article  5 

The  permanent  secretariat  of 
the  league  shall  be  estabhshed  at 

,  which  shall  constitute  the 

seat  of  the  league.  The  secre- 
tariat shall  comprise  such  secre- 
taries and  staff  as  may  be  re- 
quired, under  the  general  direc- 
tion and  control  of  a  secretary 


Article  6 

The  permanent  secretariat 
shall  be  established  at  the  seat  of 
the  league.  The  secretariat  shall 
comprise  a  secretariat  general  and 
such  secretaries  and  staff  as  may 
be  required. 

The  first  secretary  general  shall 
be  the  person  named  in  the  annex; 


78 


APPENDIX 


general  of  the  league,  who  shall 
be  chosen  by  the  executive  coun- 
cil; 

the  secretariat  shall  be  appointed 
by  the  secretary  general,  subject 
to  confirmation  by  the  executive 
council. 

The  secretary  general  shall  act 
in  that  capacity  at  all  meetings 
of  the  body  of  delegates  or  of  the 
executive  council. 

The  expenses  of  the  secretariat 
shall  be  borne  by  the  States  mem- 
bers of  the  league  in  accordance 
with  apportionment  of  the  ex- 
penses of  the  International  Bureau 
of  the  Universal  Postal  Union. 


thereafter  the  secretary  general 
shall  be  appointed  by  the  council 
with  the  approval  of  the  majority 
of  the  assembly. 

The  secretaries  and  the  staff  of 
the  secretariat  shall  be  appointed 
by  the  secretary  general  with  the 
approval  of  the  council. 

The  secretary  general  shall  act 
in  that  capacity  at  all  meetings  of 
the  assembly  and  of  the  council. 

The  expenses  of  the  secretariat 
shall  be  borne  by  the  members  of 
the  league  in  accordance  with  the 
apportionment  of  the  expenses  of 
the  International  Bureau  of  the 
Universal  Postal  Union. 


Article  6 


See  Par.  2,  Article  8. 


Representatives  of  the  high 
contracting  parties  and  officials  of 
the  league  when  engaged  on  the 
business  of  the  league  shall  en- 
joy diplomatic  privileges  and  im- 
munities, and  the  buildings  occu- 
pied by  the  league  or  its  officials 
or  by  representatives  attending  its 
meetings  shall  enjoy  the  benefits 
of  extraterritoriahty. 


Article  7 

The  seat  of  the  league  is  estab- 
lished at  Geneva. 

The  council  may  at  any  time 
decide  that  the  seat  of  the  league 
shall  be  established  elsewhere. 

All  positions  under  or  in  con- 
nection with  the  league,  includ- 
ing the  secretariat^  shall  be  open 
equally  to  men  and  women. 

Representatives  of  the  mem- 
bers of  the  league  and  officials  of 
the  league  when  engaged  on  the 
business  of  the  league  shall  enjoy 
diplomatic  privileges  and  immu- 
nities. 

The  buildings  and  other  prop- 
erty occupied  by  the  league  or  its 
officials  or  by  representatives  at- 
tending its  meetings  shall  be  in- 
violable. 


APPENDIX 


79 


Article  7 

Admission  to  the  league  of 
States  not  signatories  to  the  cove- 
nant and  not  named  in  the  pro- 
tocol hereto  as  States  to  be  invited 
to  adhere  to  the  covenant  requires 
the  assent  of  the  not  less  than 
two-thirds  of  the  States  repre- 
sented in  the  body  of  delegates, 
and  shall  be  Umited  to  fully  self- 
governing  countries,  including 
dominions  and  colonies. 

No  State  shall  be  admitted  to 
the  league  unless  it  is  able  to  give 
effective  guaranties  of  its  sincere 
intention  to  observe  its  interna- 
tional obligations,  and  unless  it 
shall  conform  to  such  principles 
as  may  be  prescribed  by  the  league 
in  regard  to  its  naval  and  mili- 
tary forces  and  armaments. 


See  Par,  2,  Article  1. 


Article  8 

The  high  contracting  parties 
recognize  the  principle  that  the 
maintenance  of  peace  will  require 
the  reduction  of  national  arma- 
ments to  the  lowest  point  consist- 
ent with  national  safety  and  the 
enforcement  by  common  action  of 
international  obligations,  having 
special  regard  to  the  geographical 
situation  and  circumstances  of 
each  State;  and  the  executive 
council  shall  formulate  plans  for 
effecting  such  reduction. 


Article  8 

The  members  of  the  league 
recognize  that  the  maintenance  of 
a  peace  requires  the  reduction  of 
national  armaments  to  the  lowest 
point  consistent  with  national 
safety  and  the  enforcement  by 
common  action  of  international 
obligations. 

The  council,  taking  account  of 
the  geographical  situation  and 
circumstances  of  each  State,  shall 
formulate  plans  for  such  reduc- 
tion for  the  consideration  and  ac- 
tion of  the  several  Governments, 

Such  plans  shall  be  subject  to 
reconsideration  and  revision  at 
least  every  10  years. 


80 


APPENDIX 


The  executive  council  shall  also 
determine  for  the  consideration 
and  action  of  the  several  govern- 
ments what  miUtary  equipment 
and  armament  is  fair  and  reason- 
able in  proportion  to  the  scale  of 
forces  laid  down  in  the  program 
of  disarmament,  and  these  limits, 
when  adopted,  shall  not  be  ex- 
ceeded without  the  permission  of 
the  executive  council. 

The  high  contracting  parties 
agree  that  the  manufacture  by 
private  enterprise  of  munitions 
and  implements  of  war  lends 
itself  to  grave  objections,  and 
direct  the  executive  council  to  ad- 
vise how  the  evil  effects  attend- 
ant upon  such  manufacture  can 
be  prevented,  due  regard  being 
had  to  the  necessities  of  these 
countries  which  are  not  able  to 
manufacture  for  themselves  the 
munitions  and  implements  of  war 
necessary  for  their  safety. 

The  high  contracting  parties 
undertake  in  no  way  to  conceal 
from  each  other  the  condition  of 
such  of  their  industries  as  are 
capable  of  being  adapted  to  war- 
Uke  purposes  or  the  scale  of  their 
armaments,  and  agree  that  there 
shall  be  full  and  frank  inter- 
change of  information  as  to  their 
military  and  naval  programs. 


After  these  plans  shall  have 
been  adopted  by  the  several  Gov- 
ernments, Umits  of  armaments 
therein  fixed  shall  not  be  exceeded 
without  the  concurrence  of  the 
council. 


The  members  of  the  league 
agree  that  the  manufacture  by 
private  enterprise  of  munitions 
and  implements  of  war  is  open 
to  grave  objections.  The  council 
shall  advise  how  the  evil  effects 
attendant  upon  such  manufac- 
ture can  be  prevented,  due  regard 
being  had  to  the  necessities  of 
those  members  of  the  league 
which  are  not  able  to  manufacture 
the  munitions  and  implements  of 
war  necessary  for  their  safety. 

The  members  of  the  league  un- 
dertake to  interchange  full  and 
frank  information  as  to  the  scale 
of  their  armaments,  their  miU- 
tary and  naval  programs,  and  the 
condition  of  such  of  their  indus- 
tries as  are  adaptable  to  warlike 
purposes. 


Article  9 

A  permanent  commission  shall 
be  constituted  to  advise  the  league 
on  the  execution  of  the  provisions 


Article  9 

A  permanent  commission  shall 
be  constituted  to  advise  the  coun- 
cil on  the  execution  of  the  provi- 


APPENDIX 


81 


of  Article  8  and  on  military,  naval 
and  air  questions  generally. 


sions  of  Articles  1  and  8  and  on 
military  and  naval  questions  gen- 
erally. 


Article  10 

The  high  contracting  parties 
undertake  to  respect  and  preserve 
as  against  external  aggression  the 
territorial  integrity  and  existing 
poHtical  independence  of  all 
States  members  of  the  league.  In 
case  of  any  such  aggression,  or  in 
case  of  any  threat  or  danger  of 
such  aggression,  the  executive 
council  shall  advise  upon  the 
means  by  which  the  obligation 
shall  be  fulfilled. 


Article  10 

The  members  of  the  league  un- 
dertake to  respect  and  preserve 
as  against  external  aggression  the 
territorial  integrity  and  existing 
political  independence  of  all 
members  of  the  league.  In  case 
of  any  such  aggression,  or  in  case 
of  any  threat  or  danger  of  such 
aggression,  the  council  shall  ad- 
vise upon  the  means  by  which  this 
obhgation  shall  be  fulfilled. 


Article  11 

Any  war  or  threat  of  war, 
whether  immediately  affecting 
any  of  the  high  contracting  par- 
ties or  not,  is  hereby  declared  a 
matter  of  concern  to  the  league, 
and  the  high  contracting  parties 
reserve  the  right  to  take  any  ac- 
tion that  may  be  deemed  wise  and 
effectual  to  safeguard  the  peace 
of  nations. 


It  is  hereby  also  declared  and 
agreed  to  be  the  friendly  right  of 
each  of  the  high  contracting  par- 
ties to  draw  the  attention  of  the 
body  of  delegates  or  of  the  execu- 
tive council  to  any  circumstances 
affecting  international  intercourse 


Article  11 

Any  war  or  threat  of  wa|r 
whether  immediately  affecting 
any  of  the  members  of  the  league 
or  not,  is  hereby  declared  a  mat- 
ter of  concern  to  the  whole  league, 
and  the  league  shall  take  any 
action  that  may  be  deemed  wise 
and  effectual  to  safeguard  the 
peace  of  nations.  In  case  any 
such  emergency  should  arise,  the 
secretary  general  shall,  on  the 
request  of  any  member  of  the 
league,  forthwith  summon  a  meet- 
ing of  the  council. 

It  is  also  declared  to  be  the 
friendly  right  of  each  member 
of  the  league  to  bring  to  the 
attention  of  the  assembly  or  of 
the  council  any  circumstance 
whatever  affecting  international 
relations  which  threatens  to  dis- 


82 


APPENDIX 


which  threaten  to  disturb  inter- 
national peace  or  the  good  under- 
standing between  nations  upon 
which  peace  depends. 


turb  international  peace  or  the 
good  understanding  between  na- 
tions upon  which  peace  depends. 


Article  12 

The  high  contracting  parties 
agree  that  should  disputes  arise 
between  them  which  can  not  be 
adjusted  by  the  ordinary  proc- 
esses of  diplomacy  they  will  in 
no  case  resort  to  war  without  pre- 
viously submitting  the  question 
and  matters  involved  either  to 
arbitration  or  to  inquiry  by  the 
executive  council  and  until  three 
months  after  the  award  by  the  ar- 
bitrators or  a  recommendation  by 
the  executive  council;  and  that 
they  will  not  even  then  resort  to 
war  as  against  a  member  of  the 
league  which  complies  with  the 
award  of  the  arbitrators  or  the 
recommendation  of  the  executive 
council. 

In  any  case  under  this  article, 
the  award  of  the  arbitrators  shall 
be  made  within  a  reasonable  time, 
and  the  recommendation  of  the 
executive  council  shall  be  made 
within  six  months  after  the  sub- 
mission of  the  dispute. 


Article  12 

The  members  of  the  league 
agree  that  if  there  should  arise 
between  them  any  dispute  hkely 
to  lead  to  a  rupture,  they  will 
submit  the  matter  either  to  arbi- 
tration or  to  inquiry  by  the  coun- 
cil, and  they  agree  in  no  case  to 
resort  to  war  until  three  months 
after  the  award  by  the  arbitrators 
or  the  report  by  the  council. 


In  any  case  under  this  article 
the  award  of  the  arbitrators  shall 
be  made  within  a  reasonable  time, 
and  the  report  of  the  council  shall 
be  made  within  six  months  after 
the  submission  of  the  dispute. 


Article  13 

The  high  contracting  parties 
agree  that  whenever  any  dispute 
or  diflBculty  shall  arise  between 
them  which  they  recognize  to  be 
suitable  for  submission  to  arbitra- 
tion and  which  can  not  be  satis- 


Article  13 

The  members  of  the  league 
agree  that  whenever  any  dispute 
shall  arise  between  them  which 
they  recognize  to  be  suitable  for 
submission  to  arbitration  and 
which   can   not  be   satisfactorily 


APPENDIX 


83 


factorily  settled  by  diplomacy, 
they  will  submit  the  whole  matter 
to  arbitration. 


For  this  purpose  the  court  of 
arbitration  to  which  the  case  is 
referred  shall  be  the  court  agreed 
upon  by  the  parties  or  stipulated 
in  any  convention  existing  be- 
tween them. 

The  high  contracting  parties 
agree  that  they  will  carry  out  in 
full  good  faith  any  award  that 
may  be  rendered. 

See  Par.  1,  Art.  12. 

In  the  event  of  any  failure  to 
carry  out  the  award,  the  execu- 
tive council  shall  propose  what 
steps  can  best  be  taken  to  give 
effect  thereto. 


settled  by  diplomacy,  they  will 
submit  the  whole  subject  matter 
to  arbitration.  Disputes  as  to  the 
interpretation  of  a  treaty,  as  to 
any  question  of  international  law, 
as  to  the  existence  of  any  fact 
which  if  established  would  consti- 
tute a  breach  of  any  international 
obligation,  or  as  to  the  extent  and 
nature  of  the  reparation  to  be 
made  for  any  such  breach,  are  de- 
clared to  be  among  those  which 
are  generally  suitable  for  submis- 
sion to  arbitration. 

For  the  consideration  of  any 
such  dispute  the  court  of  arbitra- 
tion to  which  the  case  is  referred 
shall  be  the  court  agreed  on  by 
the  parties  to  the  dispute  or  stip- 
ulated in  any  convention  existing 
between  them. 

The  members  of  the  league 
agree  that  they  will  carry  out  in 
full  good  faith  any  award  that 
may  be  rendered  and  that  they 
will  not  resort  to  war  against  a 
member  of  the  league  which  com- 
plies therewith. 

In  the  event  of  any  failure  to 
carry  out  such  an  award,  the 
council  shall  propose  what  steps 
should  be  taken  to  give  effect 
thereto. 


Article  14 

The  executive  council  shall  for- 
mulate plans  for  the  establish- 
ment of  a  permanent  court  of 
international  justice,  and  this 
court  shall,  when  estabUshed,  be 


Article  14 

The  council  shall  formulate 
and  submit  to  the  members  of  the 
league  for  adoption  plans  for  the 
establishment  of  a  permanent 
court     of    international    justice. 


84 


APPENDIX 


competent  to  hear  and  determine 
any  matter  which  the  parties 
recognize  as  suitable  for  submis- 
sion to  it  for  arbitration  under 
the  foregoing  article. 


Article  15 

K  there  should  arise  between 
States,  members  of  the  league, 
any  dispute  Ukely  to  lead  to  rup- 
ture, which  is  not  submitted  to 
arbitration  as  above,  the  high 
contracting  parties  agree  that 
they  wUl  refer  the  matter  to  the 
executive  council;  either  party  to 
the  dispute  may  give  notice  of 
the  existence  of  the  dispute  to 
the  secretary  general,  who  will 
make  aU  necessary  arrangements 
for  a  full  investigation  and  con- 
sideration thereof.  For  this  pur- 
pose the  parties  agree  to  commu- 
nicate to  the  secretary  general,  as 
promptly  as  possible,  statements 
of  their  case  with  all  the  rel- 
evant facts  and  papers,  and  the 
executive  council  may  forthwith 
direct  the  publication  thereof. 

Where  the  efforts  of  the  council 
lead  to  the  settlement  of  the  dis- 
pute, a  statement  shall  be  pub- 
hshed  indicating  the  nature  of 
the  dispute  and  the  terms  of  set- 
tlement, together  with  such  ex- 
planations as  may  be  appropriate. 


If  the  dispute  has  not  been  set- 


The  court  shall  be  competent  to 
hear  and  determine  any  dispute 
of  an  international  character 
which  the  parties  thereto  submit 
to  it.  The  court  may  also  give  an 
advisory  opinion  upon  any  dis- 
pute or  question  referred  to  it  by 
the  council  or  by  the  assembly. 

Article  15 

If  there  should  arise  between 
members  of  the  league  any  dis- 
pute Hkely  to  lead  to  a  rupture, 
which  is  not  submitted  to  arbitra- 
tion in  accordance  with  Article  13, 
the  members  of  the  league  agree 
that  they  will  submit  the  matter 
to  the  council.  Any  party  to 
the  dispute  may  effect  such  sub- 
mission by  giving  notice  of  the 
existence  of  the  dispute  to  the 
secretary  general,  who  will  make 
all  necessary  arrangements  for  a 
full  investigation  and  considera- 
tion thereof. 

For  this  purpose  the  parties  to 
the  dispute  will  communicate  to 
the  secretary  general,  as  promptly 
as  possible,  statements  of  their 
case,  all  the  relevant  facts  and 
papers,  and  the  council  may  forth- 
with direct  the  pubUcation  thereof. 

The  council  shall  endeavor  to 
effect  a  settlement  of  any  dispute, 
and  if  such  efforts  are  successful 
a  statement  shall  be  made  public 
giving  such  facts  and  explana- 
tions regarding  the  dispute,  terms 
of  settlement  thereof  as  the  coun- 
cil may  deem  appropriate. 

K  the  dispute  is  not  thus  set- 


APPENDIX 


85 


tied,  a  report  by  the  council  shall 
be  published,  setting  forth  with 
all  necessary  facts  and  explana- 
tions the  recommendation  which 
the  council  thinks  just  and  proper 
for  the  settlement  of  the  dispute. 


If  the  report  is  unanimously 
agreed  to  by  the  members  of  the 
council  other  than  the  parties  to 
the  dispute,  the  high  contracting 
parties  agree  that  they  will  not 
go  to  war  with  any  party  which 
compUes  with  the  recommenda- 
tions, and  that  if  any  party  shall 
refuse  so  to  comply  the  council 
shall  propose  measures  necessary 
to  give  effect  to  the  reason.  If 
no  such  unanimous  report  can  be 
made,  it  shall  be  the  duty  of  the 
majority  and  the  privilege  of  the 
minority  to  issue  statements  in- 
dicating what  they  beheve  to  be 
the  facts  and  containing  the  rea- 
sons which  they  consider  to  be 
just  and  proper. 


tied,  the  council  either  unani- 
mously or  by  a  majority  vote 
shall  make  and  publish  a  report 
containing  a  statement  of  the 
facts  of  the  dispute  and  the  rec- 
ommendations which  are  deemed 
just  and  proper  in  regard  thereto. 

Any  member  of  the  league  rep- 
resented on  the  council  may  make 
public  a  statement  of  the  facts  of 
the  dispute  and  of  its  concluMons 
regarding  the  same. 

If  a  report  by  the  council  is 
imanimously  agreed  to  by  the 
members  thereof  other  than  the 
representatives  of  one  or  more  of 
the  parties  to  the  dispute,  the 
members  of  the  league  agree  that 
they  will  not  go  to  war  with  any 
party  to  the  dispute  which  com- 
plies with  the  recommendations 
of  the  report. 

If  the  council  fails  to  reach  a 
report  which  is  unanimously 
agreed  to  by  the  members  thereof, 
other  than  the  representatives  of 
one  or  more  of  the  parties  to  the 
dispute,  the  members  of  the 
league  reserve  to  themselves  the 
right  to  take  such  action  as  they 
shall  consider  necessary  for  the 
maintenance  of  right  and  justice. 

If  the  dispute  between  the 
parties  is  claimed  by  one  of  them, 
and  is  found  by  the  council,  to 
arise  out  of  a  matter  which  by 
international  law  is  solely  vnthin 
the  domestic  jurisdiction  of  that 
party,  the  council  shall  so  report 
and  shall  make  no  recommenda- 
tion as  to  its  settlement. 


APPENDIX 


The  executive  council  may  in 
any  case  under  this  article  refer 
the  dispute  to  the  body  of  dele- 
gates. The  dispute  shall  be  so  re- 
ferred at  the  request  of  either 
party  to  the  dispute,  provided 
that  such  request  must  be  made 
within  14  days  after  the  submis- 
sion of  the  dispute. 

In  any  case  referred  to  the 
body  of  delegates  all  the  pro- 
visions of  this  article  and  of  Arti- 
cle 12  relating  to  the  action  of  the 
executive  council  shall  apply  to 
the  action  and  powers  of  the  body 
of  delegates. 


The  council  may  in  any  case 
under  this  article  refer  the  dis- 
pute to  the  assembly.  The  dis- 
pute shall  be  so  referred  at  the 
request  of  either  party  to  the 
dispute,  provided  that  such  re- 
quest be  made  within  14  days 
after  the  submission  of  the  dis- 
pute to  the  council. 

In  any  case  referred  to  the  as- 
sembly all  the  provisions  of  this 
article  and  of  Article  12,  relating 
to  the  action  and  powers  of  the 
council,  shall  apply  to  the  action 
and  powers  of  the  assembly,  fro- 
vided  that  a  report  made  by  the 
assembly,  if  concurred  in  by  the 
representatives  of  those  members 
of  the  league  represented  on  the 
council  and  of  a  majority  of  the 
other  members  of  the  league,  ex- 
clusive in  each  case  of  the  repre- 
sentatives of  the  parties  to  the 
dispute,  shall  have  the  same  force 
as  a  report  by  the  council  con- 
curred in  by  all  the  members 
thereof  other  than  the  representa- 
tives of  one  or  more  of  the  parties 
to  the  dispute. 


Article  16 

Should  any  of  the  high  con- 
tracting parties  break  or  disre- 
gard its  covenants  under  Article 
12  it  shall  thereby  ipso  facto  be 
deemed  to  have  committed  an  act 
of  war  against  all  the  other  mem- 
bers of  the  league,  which  hereby 
undertake  immediately  to  subject 
it  to  the  severance  of  all  trade  or 


Article  16 

Should  any  member  of  the 
league  resort  to  war  in  disregard 
of  its  covenants  under  Articles  12, 
13,  or  15,  it  shall  ipso  facto  be 
deemed  to  have  committed  an  act 
of  war  against  all  other  members 
of  the  league,  which  hereby  un- 
dertake immediately  to  subject 
it  to  the  severance  of  all  trade  or 


APPENDIX 


87 


financial  relations,  the  prohibi- 
tion of  all  intercourse  between 
their  nationals  and  the  nationals 
of  the  covenant-breaking  State, 
and  the  prevention  of  all  finan- 
cial, commercial,  or  personal  in- 
tercourse between  the  nationals 
of  the  covenant-breaking  State 
and  the  nationals  of  any  other 
State,  whether  a  member  of  the 
league  or  not. 

It  shall  be  the  duty  of  the 
executive  council  in  such  cases  to 
recommend  what  effective  mili- 
tary or  naval  forces  the  members 
of  the  league  shall  severally  con- 
tribute to  the  armed  forces  to  be 
used  to  protect  the  covenants  of 
the  league. 

The  high  contracting  parties 
agree  further  that  they  will  mu- 
tually support  one  another  in  the 
financial  and  economic  measures 
which  may  be  taken  under  this 
article,  in  order  to  minimize  the 
loss  and  inconvenience  resulting 
from  the  above  measures,  and 
that  they  will  mutually  support 
one  another  in  resisting  any  spe- 
cial measures  aimed  at  one  of 
their  number  by  the  covenant- 
breaking  State,  and  that  they  will 
afford  passage  through  their  ter- 
ritory to  the  forces  of  any  of  the 
high  contracting  parties  who  are 
cooperating  to  protect  the  cove- 
nants of  the  league. 


financial  relations,  the  prohibi- 
tion of  aU  intercourse  between 
their  nationals  and  the  nationals 
of  the  covenant-breaking  State, 
and  the  prevention  of  all  finan- 
cial, commercial,  or  personal  in- 
tercourse between  the  nationals 
of  the  covenant-breaking  State 
and  the  nationals  of  any  other 
State,  whether  a  member  of  the 
league  or  not. 

It  shall  be  the  duty  of  the  coun- 
cil in  such  case  to  recommend  to 
the  several  Governments  con- 
cerned what  effective  military, 
naval  or  air  forces  the  members 
of  the  league  shall  severally  con- 
tribute to  the  armed  forces  to  be 
used  to  protect  the  covenants  of 
the  league. 

The  members  of  the  league 
agree,  further,  that  they  will  mu- 
tually support  one  another  in  the 
financial  and  economic  measures 
which  are  taken  under  this  ar- 
ticle, in  order  to  minimize  the  loss 
and  inconvenience  resulting  from 
the  above  measures,  and  that  they 
will  mutually  support  one  an- 
other in  resisting  any  special 
measures  aimed  at  one  of  their 
number  by  the  covenant-breaking 
State,  and  that  they  will  take  the 
necessary  steps  to  afford  passage 
through  their  territory  to  the 
forces  of  any  of  the  members  of 
the  league  which  are  cooperating 
to  protect  the  covenants  of  the 
league. 

Any  member  of  the  league 
which   has   violated   any   covenant 


APPENDIX 


oj  the  league  may  be  declared  to 
be  no  longer  a  member  of  the 
league  by  a  vote  of  the  council 
concurred  in  by  the  representa- 
tives of  all  the  other  members  of 
the  league  represented  thereon. 


Article  17 

In  the  event  of  disputes  be- 
tween one  State  member  of  the 
league  and  another  State  which  is 
not  a  member  of  the  league,  or 
between  States  not  members  of 
the  league,  the  high  contracting 
parties  agree  that  the  State  or 
States  not  members  of  the  league 
shall  be  invited  to  accept  the  obU- 
gations  of  membership  in  the 
league  for  the  purposes  of  such 
dispute,  upon  such  conditions  as 
the  executive  council  may  deem 
just,  and  upon  acceptance  of  any- 
such  invitation  the  above  provi- 
sions shall  be  apphed  with  such 
modifications  as  may  be  deemed 
necessary  by  the  league. 

Upon  such  invitation  being 
given  the  executive  council  shall 
immediately  institute  an  inquiry 
into  the  circumstances  and  merits 
of  the  dispute  and  recommend 
such  action  as  may  seem  best  and 
most  effectual  in  the  circum- 
stances, 

In  the  event  of  a  power  so  in- 
vited refusing  to  accept  the  obli- 
gations of  membership  in  the 
league  for  the  purposes  of  such 
dispute,  and  taking  any  action 
against  a  State  member  of  the 


Article  17 

In  the  event  of  a  dispute  be- 
tween a  member  of  the  league  and 
a  State  which  is  not  a  member  of 
the  league,  or  between  States  not 
members  of  the  league,  the  State 
or  States  not  members  of  the 
league  shall  be  invited  to  accept 
the  obligations  of  membership  in 
the  league  for  the  purposes  of 
such  dispute,  upon  such  condi- 
tions as  the  coimcil  may  deem 
just.  If  such  invitation  is  ac- 
cepted, the  provisions  of  Articles 
12  to  16,  inclusive,  shall  be  ap- 
plied with  such  modifications  as 
may  be  deemed  necessary  by  the 
council. 

Upon  such  invitation  bemg 
given,  the  council  shall  immedi- 
ately institute  an  inquiry  into  the 
circumstances  of  the  dispute  and 
recommend  such  action  as  may 
seem  best  and  most  effectual  in 
the  circumstances. 

If  a  State  so  invited  shall  re- 
fuse to  accept  the  obUgations  of 
membership  in  the  league  for  the 
purposes  of  such  dispute,  and 
shall  resort  to  war  against  a  mem- 
ber of  the  league,  the  provisions 


APPENDIX 


89 


league  which  in  the  case  of  a 
State  member  of  the  league  would 
constitute  a  breach  of  article  12, 
the  provisions  of  article  16  shall 
be  applicable  as  against  the  State 
taking  such  action. 

If  both  parties  to  the  dispute, 
when  so  invited,  refuse  to  accept 
the  obligations  of  membership  in 
the  league  for  the  purposes  of 
such  dispute,  the  executive  council 
niay  take  such  action  and  make 
such  recommendations  as  will  pre- 
vent hostilities  and  will  result  in 
the  settlement  of  the  dispute. 


of  Article  16  shall  be  applicable 
as  against  the  State  taking  such 
action. 


If  both  parties  to  the  dispute, 
when  so  invited  refuse  to  accept 
the  obigations  of  membership  in 
the  league  for  the  purposes  of 
such  dispute,  the  council  may  take 
such  measures  and  make  such  rec- 
ommendations as  will  prevent 
hostilities  and  will  result  in  the 
settlement  of  the  dispute. 


Article  18 

The  high  contracting  parties 
agree  that  the  league  shall  be  in- 
trusted with  general  supervision 
of  the  trade  in  arms  and  ammu- 
nitions with  the  countries  in 
which  the  control  of  this  trafl&c 
is  necessary  and  in  the  common 
interest. 


See  Article  iS. 


See  Par.  5,  Artick  23. 


Article  18 

Every  convention  or  interna- 
tional engagement  entered  into 
henceforward  by  any  member  of 
the  league  shall  be  forthwith  reg- 
istered with  the  secretariat  and 
shall  as  soon  as  possible  be  pub- 
Ushed  by  it.  No  such  treaty  or 
intentional  engagement  shall  be 
binding  until  so  registered. 


Article  19 

The  assembly  may  from  time  to 
time  advise  the  reconsideration  by 
members  of  the  league  of  treaties 


90 


APPENDIX 


See  Article  24. 


which  have  become  inapplicable, 
and  the  consideration  of  interna- 
tional conditions  whose  continu- 
ance might  endanger  the  peace 
of  the  world. 


See  Article  25. 


Article  20 

The  members  of  the  league  sev- 
erally agree  that  this  covenant  is 
accepted  as  abrogating  all  obh- 
gations  or  understandings  inter  se 
which  are  inconsistent  with  the 
terms  thereof,  and  solemnly  un- 
dertake that  they  will  not  here- 
after enter  into  any  engagements 
inconsistent  with  the  terms 
thereof. 

In  case  members  of  the  league 
shall,  before  becoming  a  member 
of  the  league,  have  undertaken 
any  obligations  inconsistent  with 
the  terms  of  this  covenant,  it 
shall  be  the  duty  of  such  member 
to  take  immediate  steps  to  pro- 
cure its  release  from  such  obU- 
gations. 


Article  21 

Nothing  in  this  covenant  shall 
be  deemed  to  affect  the  validity 
of  international  engagements, 
such  as  treaties  of  arbitration  or 
regional  understandings  like  the 
Monroe  Doctrine,  for  securing  the 
maintenance  of  peace. 


Article  19. 

To  those  colonies  and  terri- 
tories which  as  a  consequence  of 
the  war  have  ceased  to  be  under 


Article  22 

To  those  colonies  and  territo- 
ries which  as  a  consequence  of 
the  late  war  have  ceased  to  be 


APPENDIX 


91 


the  sovereignty  of  the  States  which 
formerly  governed  them,  and 
which  are  inhabited  by  peoples  not 
yet  able  to  stand  by  themselves 
under  the  strenuous  conditions  of 
the  modem  world,  there  should 
be  applied  the  principle  that  the 
well-being  and  development  of 
such  peoples  form  a  sacred  trust 
of  civilization  and  that  securities 
for  the  performance  of  this  trust 
should  be  embodied  in  the  consti- 
tution of  the  league. 

The  best  method  of  giving 
practical  effort  of  this  principle  is 
that  the  tutelage  of  such  people 
should  be  intrusted  to  advanced 
nations  who,  by  reason  of  their 
resources,  their  experience,  or 
their  geographical  position,  can 
best  undertake  this  responsibility, 
and  that  this  tutelage  should  be 
exercised  by  them  as  mandataries 
on  behalf  of  the  league. 

The  character  of  the  mandate 
must  differ  according  to  the  stage 
of  the  development  of  the  people, 
the  geographical  situation  of  the 
territory,  its  economic  conditions, 
and  other  similar  circumstances. 

Certain  communities  formerly 
belonging  to  the  Turkish  Empire 
have  reached  a  stage  of  develop- 
ment where  their  existence  as  in- 
dependent nations  can  be  pro- 
visionally recognized,  subject  to 
the  rendering  of  administrative 
advice  and  assistance  by  a  manda- 
tary power  until  such  time  as  they 
are    able   to   stand   alone.      The 


under  the  sovereignty  of  the 
States  which  formerly  governed 
them  and  which  are  inhabited  by 
peoples  not  yet  able  to  stand  by 
themselves  under  the  strenuous 
conditions  of  the  modern  world 
there  should  be  appUed  the  prin- 
ciple that  the  well-being  and  de- 
velopment of  such  peoples  form 
a  sacred  trust  of  civihzation  and 
that  securities  for  the  perform- 
ance of  this  trust  should  be  em- 
bodied in  this  covenant. 

The  best  method  of  giving 
practical  effect  to  this  principle 
is  that  the  tutelage  of  such  peo- 
ples be  intrusted  to  advanced  na- 
tions who  by  reasons  of  their 
resources,  their  experience,  or 
their  geographical  position,  can 
best  undertake  this  responsibihty, 
and  who  are  willing  to  accept  ii^ 
and  that  this  tutelage  should  be 
exercised  by  them  as  mandataries 
on  behaK  of  the  league. 

The  character  of  the  mandate 
must  differ  according  to  the  stage 
of  the  development  of  the  people, 
the  geographical  situation  of  the 
territory,  its  economic  condition, 
and  other  similar  circumstances. 

Certain  communities  formerly 
belonging  to  the  Turkish  Empire 
have  reached  a  stage  of  develop- 
ment where  their  existence  as 
independent  nations  can  be  provi- 
sionally recognized,  subject  to  the 
rendering  of  administrative  ad- 
vice and  assistance  by  a  manda- 
tary until  such  time  as  they  are 
able  to  stand  alone.    The  wishes 


92 


APPENDIX 


wishes  to  these  communities  must 
be  a  principal  consideration  in  the 
selection  of  the  mandatary  power. 

Other  peoples,  especially  those 
of  Central  Africa,  are  at  such  a 
stage  that  the  mandatary  must  be 
responsible  for  the  administra- 
tion of  the  territory,  subject 
to  conditions  which  will  guaran- 
tee freedom  of  conscience  or  re- 
ligion, subject  only  to  the  main- 
tenance of  public  order  and 
morals,  the  prohibition  of  abuses, 
such  as  the  slave  trade,  the  arms 
traffic,  and  the  liquor  traffic,  and 
the  prevention  of  the  estabUsh- 
ment  of  fortifications  or  mihtary 
and  naval  bases,  and  of  military 
training  of  the  natives  for  other 
than  poUce  purposes  and  the  de- 
fense of  territory,  and  will  also 
secure  equal  opportunities  for  the 
trade  and  commerce  of  other 
members  of  the  league. 

There  are  territories,  such  as 
Southwest  Africa  and  certain  of 
the  South  Pacific  isles,  which,  ow- 
ing to  the  sparseness  of  their  pop- 
ulation, or  their  small  size,  or 
their  remoteness  from  the  centers 
of  civilization,  or  their  geograph- 
ical continuity  to  the  mandatary 
State,  and  other  circumstances, 
can  be  best  administered  under  the 
laws  of  the  mandatary  State  as 
integral  portions  thereof,  subject 
to  the  safeguards  above  men- 
tioned in  the  interests  of  indig- 
enous population. 

In  every  case  of  mandate  the 
mandatary  State  shall  render  to 


of  these  communities  must  be  a 
principal  consideration  in  the  se- 
lection of  the  mandatary. 

Other  peoples,  especially  those 
of  central  Africa,  are  at  such  a 
stage  that  the  mandatary  must 
be  responsible  for  the  adminis- 
tration of  the  territory  imder 
conditions  which  will  guarantee 
freedom  of  conscience  or  religion, 
subject  only  to  the  maintenance 
of  pubhc  order  and  morals,  the 
prohibition  of  abuses,  such  as  the 
slave  trade,  the  arms  traffic,  and 
the  liquor  traffic,  and  the  preven- 
tion of  the  estabUshment  of  for- 
tffications  or  mihtary  and  naval 
bases  and  of  mihtary  training  of 
the  natives  for  other  than  police 
purposes  and  the  defense  of  ter- 
ritory, and  wiU  also  secure  equal 
opportunities  for  the  trade  and 
commerce  of  other  members  of 
the  league. 

There  are  territories,  such  as 
southwest  Africa  and  certam  of 
the  South  Pacific  islands,  which, 
owing  to  the  sparseness  of  their 
population  or  their  small  size  or 
their  remoteness  from  the  centers 
of  civilization  or  their  geograph- 
ical contiguity  to  the  territory  of 
the  mandatary  and  other  circum- 
stances, can  be  best  administered 
under  the  laws  of  the  mandatary 
as  integral  portions  of  its  terri- 
tory, subject  to  the  safeguards 
above  mentioned  in  the  interests 
of  the  indigenous  populations. 
In  every  case  of  mandate  the 
mandatary    shall    render    to    the 


APPENDIX 


93 


the  league  an  annual  report  in 
reference  to  the  territory  com- 
mitted to  its  charge. 

The  degree  of  authority,  con- 
trol, or  administration  to  be  ex- 
ercised by  the  mandatary  State 
shall,  if  not  previously  agreed 
upon  by  the  high  contracting  par- 
ties in  each  case,  be  explicitly  de- 
fined by  the  executive  council  in  a 
special  act  or  charter. 

The  high  contracting  parties 
further  agree  to  establish  at  the 
seat  of  the  league  a  mandatary 
commission  to  receive  and  ex- 
amine the  annual  reports  of  the 
mandatory  powers,  and  to  assist 
the  league  in  insuring  the  ob- 
servance of  the  terms  of  all  man- 
dates. 

Article  20 

The  high  contracting  parties 
will  endeavor  to  secure  and  main- 
tain fair  and  humane  conditions 
of  labor  for  men,  women,  and 
children,  both  in  their  own  coun- 
tries and  in  all  countries  to  which 
their  commercial  and  industrial 
relations  extended;  and  to  that 
end  agree  to  establish  as  part  of 
the  organization  of  the  league  a 
permanent  bureau  of  labor. 


council  an  annual  report  in  refer- 
ence to  the  territory  committed 
to  its  charge. 

The  degree  of  authority,  con- 
trol, or  administration  to  be  ex- 
ercised by  the  mandatary  shall, 
if  not  previously  agreed  upon  by 
the  members  of  the  league,  be  ex- 
plicitly defined  in  each  case  by 
the  council. 

A  permanent  commission  shall 
be  constituted  to  receive  and  ex- 
amine the  annual  reports  of  the 
mandataries  and  to  advise  the 
council  on  all  matters  relating  to 
the  observance  of  the  mandates. 


See  Par.  2,  Article  23. 


Article  21 

The  high  contracting  parties 
agree  that  provision  shall  be  made 
through  the  instrumentality  of 
the  league  to  secure  and  maintain 
freedom  of  transit  and  equitable 
treatment  for  the  commerce  of  all 


See  Par.  6,  Article  23. 


94 


APPENDIX 


States  members  of  the  league, 
having  in  mind,  among  other 
things,  special  arrangements  with 
regard  to  the  necessities  of  the 
regions  devastated  during  the  war 
of  1914-1918. 


See  Article  20. 


See  Article  18. 


Article  23 

Subject  to  and  in  accordance 
with  the  provisions  of  interna- 
tional conventions  existing  or 
hereafter  to  be  agreed  upon,  the 
members  of  the  league: 

(a)  will  endeavor  to  secure  and 
maintain  fair  and  humane  con- 
ditions of  labor  for  men,  women, 
and  children,  both  in  their  own 
countries  and  in  all  countries  to 
which  their  commercial  and  in- 
dustrial relations  extend,  and  for 
that  purpose  will  estabhsh  and 
maintain  the  necessary  interna- 
tional organizations; 

(6)  undertake  to  secure  just 
treatment  of  the  native  inhabi- 
tants of  territories  under  their 
control; 

(c)  v)iU  intrust  the  league  with 
the  general  supervision'  over  the 
execution  of  agreements  with  re- 
gard to  the  traffic  in  women  and 
children  and  the  traffic;  in  opium 
and  other  dangerous  drugs; 

(d)  will  intrust  the  league 
with  the  general  supervision  of 
the  trade  in  arms  and  ammuni- 
tion with  the  countries  in  which 
the  control  of  this  traflBc  is  neces- 
sary in  the  common  interest; 

(e)  will  make  provision  to  se- 
cure   and    maintain    freedom    of 


APPENDIX 


95 


See  Article  21. 


See  Article  25. 


"  communication  and  of  transit  and 
equitable  treatment  for  the  com- 
merce of  all  members  of  the 
league.  In  this  connection  the 
special  necessities  of  the  regions 
devastated  during  the  war  of 
1914-1918  shall  be  borne  in  mind; 
(/)  will  endeavor  to  take  steps 
in  matters  of  international  con- 
cern for  the  prevention  and  con- 
trol of  disease. 


Article  22 

The  high  contracting  parties 
agree  to  place  under  the  control 
of  the  league  all  international 
bureaus  already  established  by 
general  treaties  if  the  parties  to 
such  treaties  consent.  Further- 
more, they  agree  that  all  such 
international  bureaus  to  be  con- 
stituted in  future  shall  be  placed 
under  the  control  of  the  league. 


Article  24 

There  shall  be  placed  under  the 
direction  of  the  league  all  inter- 
national bureaus  already  estab- 
lished by  general  treaties  if  the 
parties  to  such  treaties  consent. 
All  such  international  bureaus 
and  all  commissions  for  the  regu- 
lation of  matters  of  international 
interest  hereafter  constituted  shall 
be  placed  under  the  direction  of 
the  league. 

In  all  matters  of  international 
interest  which  are  regulated  by 
general  conventions  but  which  are 
not  placed  under  the  control  of 
international  bureaus  or  commis- 
sions, the  secretariat  of  the  league 
shall,  subject  to  the  consent  of  the 
council  and  if  desired  by  the 
parties,  collect  and  distribute  all 
relevant  information  and  shaU 
render  any  other  assistance  which 
m^y  be  necessary  or  desirable. 

The  council  may  include  as  part 
of  the  expenses  of  the  secretariat 
the  expenses  of  any  bureau  or 
commission  which  is  placed  under 
ike  direction  of  the  league. 


96 


APPENDIX 


Article  23 


The  high  contracting  parties 
agree  that  every  treaty  or  inter- 
national engagement  entered  into 
hereafter  by  any  State  member 
of  the  league  shall  be  forthwith 
registered  with  the  secretary  gen- 
eral and  as  soon  as  possible  pub- 
lished by  him,  and  that  no  such 
treaty  or  international  engage- 
ment shall  be  binding  until  so 
registered. 


See  Article  18. 


Article  24 

It  shall  be  the  right  of  the 
body  of  delegates  from  time  to 
time  to  advise  the  reconsideration 
by  State  members  of  the  league 
of  treaties  which  have  become  in- 
appUcable  and  of  international 
conditions  of  which  the  continu- 
ance may  endanger  the  peace  of 
the  world. 


See  Article  19. 


Article  25 

The  high  contracting  parties 
severally  agree  that  the  present 
covenant  is  accepted  as  abrogat- 
ing all  obligations  inter  se  which 


Article  25 

The  memhers  of  the  league 
agree  to  encourage  and  promote 
the  establishment  and  cooperation 
of  duly  authorized  voluntary  na- 
tional Red  Cross  organizations 
having  as  purposes  improvement 
of  health,  the  prevention  of  dis- 
ease and  the  mitigation  of  suffer- 
ing throughout  the  world. 


APPENDIX 


97 


are  inconsistent  with  the  terms 
thereof,  and  solemnly  engage 
that  they  will  not  hereafter  enter 
into  any  engagements  inconsist- 
ent with  the  terms  thereof.  In 
case  any  of  the  powers  signa- 
tories hereto  or  subsequently  ad- 
mitted to  the  league  shall  before 
becoming  a  party  to  this  cove- 
nant have  undertaken  any  obliga- 
tions which  are  inconsistent  with 
the  terms  of  this  covenant,  it 
shall  be  the  duty  of  such  power 
to  take  immediate  steps  to  pro- 
cure its  release  from  such  obli- 
gations. 


See  Article  20. 


Article  26 

Amendments  to  this  covenant 
will  take  effect  when  ratified  by 
the  States  whose  representatives 
compose  the  executive  council 
and  by  three-fourths  of  the  States 
whose  representatives  compose 
the  body  of  delegates. 


Article  26 

Amendments  to  this  covenant 
will  take  effect  when  ratified  by 
the  members  of  the  league  whose 
representatives  compose  the  coun- 
cil and  by  a  majority  of  the  mem- 
bers of  the  league  whose  repre- 
sentatives compose  the  assembly. 

No  stick  amendment  shall  bind 
any  member  of  the  league  which 
signifies  its  dissent  therefrom,  but 
in  that  case  it  shall  cease  to  be  a 
member  of  the  league. 


Annex  to  the  Covenant 

1.  Original  members  of  the 
league  of  nations. 

Signatories  of  the  treaty  of 
peace:  United  States  of  America, 
Belgium,  Bolivia,  Brazil,  British 
Empire,  Canada,  Austraha,  South 
Africa,  New  Zealand,  India, 
China,      Cuba,      Czechoslovakia, 


APPENDIX 


Ecuador,  France,  Greece,  Guate- 
mala, Haiti,  Hedjaz,  Honduras, 
Italy,  Japan,  Liberia,  Nicaragua, 
Panama,  Peru,  Poland,  Portugal, 
Roumania,  Serb-Croat-Slovene 
State,  Siam,  Uruguay. 

States  invited  to  accede  to  the 
covenant:  Argentina,  Chile,  Co- 
lombia, Denmark,  Netherlands, 
Norway,  Paraguay,  Persia,  Sal- 
vador, Spain,  Sweden,  Switzer- 
land, Venezuela. 

2.  First  secretary  general  of 
the  league  of  nations.  The  Hon- 
orable Sir  James  Eric  Drummond, 
K.C.M.G.,  C.B. 


APPENDIX  No.  IV 

Corrfpiled  by  De.  Dents  P.  Mters  of  the  World  Peace  Foundation;  reprinted  by  permission. 

International  Administrative  Organizations 

1.  Regime  of  free  navigation  on  international  rivers,  1815. 

2.  International  Sanitary  Union,  with  permanent  bureau,  1851. 
For  additional  protection  against  the  spread  of  epidemics  the  following 
organizations  have  been  established : 

(a)  International  Sanitary  Council  of  Tangier,  Morocco,  1818. 
(6)  Superior  Sanitary  Council  of  Constantinople,  1894. 

(c)  Maritime  and  Quarantine  Sanitary  Council  of  Egypt,  1892. 

(d)  International  OflBce  of  Public  Hygiene,  1907. 

3.  Regime  of  free  navigation  on  the  Danube,  1856. 

4.  Universal  Postal  Union,  with  permanent  bureau,  1863. 

5.  Improvement  of  the  lot  of  sick  and  wounded  in  armies  in  the 
field  (Red  Cross  Convention),  1864. 

6.  International  Association  for  the  Measurement  of  the  Earth, 
with  permanent  bureau,  1864. 

7.  Universal  Telegraphic  Union,  with  permanent  bureau,  1865. 

8.  Latin  Monetary  Union,  1865. 

9.  Maintenance  of  Lighthouse  at  Cape  Spartel,  Morocco,  1865. 

10.  Scandinavian  Monetary  Union,  1875. 

11.  International  Bureau  of  Weights  and  Measures,  1875. 

12.  International  Conference  against  Phylloxera  (plant  lice),  1878. 

13.  Transportation  of  Merchandise  by  Railroads  in  Europe,  with 
permanent  bureau,  1878. 

14.  Publication  of  Customs  Tariffs,  with  permanent  bureau,  1880. 

15.  Protection  of  Industrial  Property,  with  permanent  bureau,  1880. 

16.  Protection  of  Literary  and  Artistic  Property,  with  permanent 
bureau,  1880. 

17.  Protection  of  Submarine  Cables,  1882. 

18.  Regulation  of  Fisheries  Pohce  in  the  North  Sea,  1882. 

19.  Technical  Unification  of  European  Railroads,  1882. 

20.  International  Conference  for  the  Choice  of  a  Prime  Meridian, 
1884. 

21 .  Exchange  of  Reproductions  of  Works  of  Art,  1885 . 


100  APPENDIX 

22.  Exchange  of  Official  Documents,  Scientific  and  Literary  Publica- 
tions, with  numerous  bureaus  of  exchange,  1886. 

23.  Regime  of  the  Suez  Maritime  Canal,  1888. 

24.  International  Maritime  Conferences,  1889. 

25.  Pan  American  Union,  1889. 

26.  Legal  Protection  of  Workers,  1890. 

27.  Repression  of  the  African  Slave  Trade,  with  permanent  bureau, 
1890. 

28.  Unification  of  Private  International  Law,  1893. 

29.  Gauging  of  Non-Seagoing  Vessels,  1898. 

30.  Regulation  of  the  Importation  of  Spirituous  Liquors  into  Certain 
Regions  of  Africa,  1899. 

31 .  Permanent  Court  of  Arbitration,  with  permanent  bureau,  1899. 

32.  Permanent  International  Council  for  the  Exploration  of  the 
Sea,  with  permanent  central  bureau  and  international  laboratory,  1899. 

33.  Conservation  of  Wild  Animals  in  Africa,  1900. 

34.  Revision  of  the  Nomenclature  of  Causes  of  Death,  1900 . . 

35.  Protection  of  Insectivorous  Birds  Useful  to  Agriculture,  1902. 

36.  International  Sugar  Union,  with  permanent  bureau,  1902. 

37.  Pan  American  Sanitary  Convention,  with  permanent  bureau, 
1902. 

38.  Unification  of  the  Formulas  of  Potent  Drugs,  1902. 

39.  International  Association  of  Seismology,  with  permanent  bu- 
reau, 1903. 

40.  Repression  of  the  Trade  in  White  Women,  1904. 

41.  Unification  of  Maritime  Law,  1905. 

42.  International  Institute  of  Agriculture,  with  permanent  bureau, 
1905. 

43.  Wireless  Telegraphic  Union,  with  permanent  bureau,  1906. 

44.  Central  American  Court  of  Justice,  International  Bureau  and 
Conferences,  1907. 

45.  International  Committee  for  Making  a  Map  of  the  World,  1909. 

46.  Regulation  of  the  Arms  Trade  in  Africa,  1909. 

47.  Repression  of  the  Use  of  Opium,  1909. 

48.  Regulation  of  the  Use  of  Saccharine,  1909. 

49.  Repression  of  the  Circulation  of  Obscene  PubHcations,  1910. 

50.  Unification  of  Commercial  Statistics,  1910. 

51.  South  American  Postal  Union,  1911. 

52.  Protection  of  Seals  and  Maritime  Otters,  1911. 

53.  International  Regulation  of  Standard  Time,  1912. 


APPENDIX  No.  V 

TABLES  SHOWING  THE  CASES  DECIDED  AND  THE 
RATIFICATION  OF  CONVENTIONS 


Reprinted  by  courtesy  of  the  World  Peace  Foundation 


102 


H  « 


F1 
H  i 

SI    « 


APPENDIX 

-s  1 


11 


^O     t>-0       .  O   *J  r- (  .  i-H  .  (— I     >it— <    ^*  rH 


S'-S 


33' S5 


11 


Oh     - 


5h    ^ 
«    I 

I— I       r^ 


)        fe     <j     Z  ^     ^     .^s 


si 


^^o»a,^-. 


2m2  sS" 


3s  SS  £2 


^S    ^§  ^oi    -82  ^2  =32 ''2    "^^    -s^^^  3^       ^SSSoS 


I 


si's 

III     .^ 


1  I  ■II] 


.^1 


i    ^f 


c«     c?i 


5    „.s    o,      -s         ii 


APPENDIX 


103 


1 

^  1 

1  ^ 

n 

pi 

1  1 

1  1 

1  1 

April  3 
1913 

July  31 
1913 

Feb.  2 
1914 

Dutch-Portuguese    frontiers    in 

the  island  of  Timor. 
Seizure    of    religious    goods    in 

Portugal. 
French  claims  against  Peru. 

Interpretation  of  treaty  rights. 

15  Netherlands  f.  Portugal. 

16'  Spain,  France  and  Great  Britain 

r.  Portugal. 
17  France  v.  Peru. 

18'  United  States  ».  Germany. 

L 


■3  » 


.3 


^.Sj.iS-^^-S     1°-' 


"  a-°*. 

•2   ••  a 


'  &>>> 


III   I 


S5 


s  a 


gS, 
■ifi 


Mi 

3 

-I 


fc  ^ 


MM 


5&>,-^ 


(^3 
,a 


r.oi'^^lp.l's^ 


'^-^  o-S-  £.Ma  S.a2-5 

5'3::i£g^§o5s.s-i 


.  ^.s 


«      SR-S  «(■«  —  "  <tf-5  ana 

Ill  111  lll'i 


gl 


H   2 


1 

§•5 

"O 

S 

"2 

|i 

1 

•B^ 

1 

^  «  > 

a 

4> 

.?•€ 

w-^t 

■3 

as 

s|f 

^-. 

(< 

1°^ 

-3 

1" 

II 

i 

1 

1 

li 

s 

i 

> 

g-l 

V 

a 

9 

o> 

3 

6 

S 

p-  a 

•s 

•o 

°| 

IjS 

1 

1 

1 

1 

d      a 

cj 

•*2 

ill 

*«J 

U 

a 
J 

ll 

21 

1 
6 
1 

Jl 

ill 

1 

•si 

ii 

s«s» 

! 

^i 

|s 

ISIS 

•w 

s 

T 

H^l 

1 

•* 

i 

'  ill 

2 

.1 

f 

ls'=° 

i 

1 

1 

|ijli5 

1 

h 

^ 

O       rfJ 

•o 

§ 

2 

1 

1 

PL( 

«^ 

i 

■w  i 

8 

i« 

9« 

104 


I  ^ 


^e^o 


APPENDIX 


03      a>0ia>ao>asat3>osa>0)aoia  aaoiaoiaoiao 


•*    I    •*  rjl  •*  ^  •*  •*  TJ<  < 


La.n.«i'5Q.  *:>>■? 


a^ftft 


cf  ctmm^^ctis^amiiiii^ 


§  §§§S|§§&o§SSS§§§§§8S§§§ 

I  <H  CO  rH  fH  r-(  i-(  a^M 

I  I'Mlll'I'l-ll'Sllllllllgil^ 


OS  eea  „  ^  „ 


000000000     o 0000 0000 00 00© o 
05  OS  OS  oj  CO  OS »  cs  o»      OS  OS  OS  OS  OS  OS  OS  OS »  OS  OS  01  OS  OS  OS 

ao.  o.  D.'S.  o  o.  ttOi    'g^D.-g^'^^-go.o.D.  0.0.  cs  aag 


ooooooooooooooooooooooooot 

OSOSOS060SOSC60SOSOSOS030S050SOSOSOS05050SOSOSOSOSC 

Tf  ■*  ^  TjT  i^  i-T  •*  TjT  TjT  ^  TjT  •*»  o»  t^  «D  ■*■*■*  •<)f  ^  i-<  •*■*  of  e 


&  S- S- &  S- 5  ft  g- g- &  S.  S'^-5' B.«  g- 


SSmSi}^Zi^SSS<So^<oSS^SS 


•S^IJ 


OS  §  ^ 


■*  C6 -^iT  h!"  hT  <N  -«*"*■**  -^jT -^ -«*  CO  (w  b-"  5^ 


4^773  .M  .M  .^J    OJ  .M  4->  4^  -MT*   <4^      •    S.'r       .  4->  -M  -M  -M  -M    >)  4^    >>s  ^    V 

Q-55   a.Q.Q.C   Q.Q.Q.Q.fc   Q--»-'-^fa-*-*   0.0.0.0.0.6$   O.  V  C   H 


Uses 


g§§§§s§§§§s§§ss§§§§|§s§§§| 

^III'III'mI'II'II-IIII'I'IIsI'I'iII 


ill- 


issl 


r-c(x«i-*«o«>i>ooojo^aj«^>o«ot-ooao^««^«! 


P-l   '- 


I    H 


APPENDIX 

§2.1' 


105 


llllllililiillliiil 

osS<»o5§ao5§§2       2^222°*2 

W5  >0«5«5  «5  «5  «J«  W5  «3    I      I    «5  «s'«5  MS©  t^us 

ov«>vvvot^<uo  ti  V  o  V  V  <u  a 

§§§§§§§-3§§         §§«§§§§ 


so  a 


liliWilMlililill 


8 

•f 

•s 

I 
I 

ao5 

IK 


V.  |a^ 

^  2  5 

8  ^igi 

.a  1"«o 

1  sa-g 

g  SJSS 


till 


csTJ  a  a-2 
t3<<pp;z; 


106 


APPENDIX 


^       ^oa    nonBonumi)      -pe    ieuij       twcccocotncocccccnaicocotncncocficni/icocflMcccncficcaicncn 


•suoo[[Bq  niojj  s3Aiso[dxa 


1 1^«^||2^  I  ^^^  \^^\  1 1^  1 1 1 1 1 1 1 II 


•JBM  JBABO  Ul  SJaMOd 


gs 


||-^^-^-«^|-    l;g«-    I;§«-||-|||C«|| 


•^onoo  azud 


n 


•JBM    [BABn    UI    3Jn^dB3   JO   iqSu 

aq^    }0    aspjaxa    aqi    oj    pjB3 

-31      qjUi      SUOipU^SM      UIBlJaQ 


ll'"!!^!^^  I  ="^1^^111^11^111 1 II 


•uoiiuaAUO^ 
BAanaf)   aqj   jo   sa[dp'aud   aqi 

JO     JBM      [BABU     Ol      UOpBldBpY 


||c«^^^|«^co|c«||c«a.||«c«||c«|||«.|| 


•jB/tt  JO  arai^  m 
S33J0J  jBABn  iCq  juarapjtBqraoa 


i4j       *j*J*j*J       03^       *;+> 


jfiS    *3*:    S*;. 


i^^(S(3^rt^c^:§"^f§t§^^:§||^tftf"^|^(3^lf3 


•sanira  pB^uoa 
aouBinqns    oi^Brao^nB    Suij?b^ 


e«     44 


•SdiqSJBAi  o^ui 

sdiqs  ^aBqajani  jo  iioisjaAao^ 


I  I  cc||cc|coco  I  cfioil  I  «2|||cc||a2|||cfi|| 


•sai;i[ri 
-soq  JO  3[Bajq;no  aqi  ^b  sdiqs 
^uBqojam     Xniaua     jo     sn^B^g 


g  ...  

I  l«^||^|«^"^  '  ^||'""'|||'"||"'|||^|| 


■pUBJ  UO  JBAV 

JO  asBa  m  snosjad  paB  sjauod 
[BJinau   JO   sapnp   ptre   siqgi^ 


c§(^^c§f3^;§^«^^'"f§(§^^«§;§«^^tf^^;§^;§^|cg 


•pnB[ 
no  JBA  JO  sraoisna  puB  saib^^ 


|i^|lii^^  1  ^li^"^  I  ii"^ii«^|iisii 


•sapqi^ 
-soq    JO    gniuado    o^    aApB[ag[ 


||^||||«^«^|*^S^"^lll^ll^|||^|l 


•siqap  lOBJiuoa 
JO  iCjaAoaaj  aq)  loj  aajoj  jo 
inanijCojdma  aqi  jo  uopBiimtq 


^|S^I^^II3S3l«^|i|«^J| 


•sa;ndsip  [BuopBu 
-ja^m     JO     luatnap^tas     agiDBj 


cj    4i*5*;a.   pj-i->    ■"-> *i 


K  a     Www  ts 


^^^^^^^^^^^^^iS^^:^^ 


1 

1 

1 

g 

Ji 

1 

^ 

■t 

•| 

i^ 

> 

1 

1 

J 

II 

ll 

it 

fig. 

en 

J"" 

j3 

p4 

1^- 


ill  :||>"f 


2«*l 


2x« 

5^i 


^.s|Jiag|§g§|:f-|g.s£gSs 


<«ao-<f«owt»Ma»or^o»»iii<>o®t-ao«o 


Oi-io»M'*«3«Dt"<» 
o<  a<  (N  <N  o<  at  (M  <N  ot 


APPENDIX 


CO  I  en  CO  CO  CO  CO  CO  CO  en  en  cc '7  come 


3l2coco||||||||«coco 


■4  .*i  -tf  *i-^ 


^^(g^;^(S(S(Sc2^|^^. 


|cococo«c«|    lgl|«2«^SS 


|co|coco||  I  |co||2cococo 


l^i^^sim^lsis^^"^ 


^co^cocn^^^^^^^^a 


|cn|coaj  1  2  I  |co  J  I  |«cncn 


|«^|cocoi|||co|||«|. 


gco|«.co^^|^«.^^^«o 


^co^coco^^^^co^^^c 


i«^|S*2 1 3|«^  1 1  i«^*i 


|co|coc«||||cn|||«coco 


!!l? 


Ph  Hh  ;?;  (S  (S  Ph  tf  rt  en  t^  M  en  cc  H  &  > 


mu  I 

j;:5-  i  2  3  rt    -a 


-ru3r«^  a  ^  iS       _ 


H**  2  ®  o  o.-a     o" 


»-     go  a  !>  "^  9»-,  « 
§    .a:S-g  «r§*o-3  «  g 

J  ^-s&ljgl-sl 


|rsjafp-^.g>a 

Mi  1 1 


107 


108 


APPENDIX 


ANALYSIS  OF  1907  RATIFICATIONS 


Br  Conventions 

*Sig-  ' 


'Ratifi. 


I.  —  Pacific  settlement 
of  international  dis- 
putes   

n.  —  Limitation  of 
the  employment  of 
force  for  the  re- 
covery of  contract 
debts 84  (lOR) 

III.  —  Relative  to 
opening  of   hostili- 


43    (8R)    «7     (1  adhOt  (5R) 


21     (4adh.)    (4R) 


42 


28    (3adh.) 


39    (IR)    25     (2adh.) 


37    (6R)    22    (2adh.)    (4R) 


41    (5R)    29    (4adh.)    (4R) 


IV.  ^  Laws  and  cus- 
toms of  war  on  land    41    (6R)    27    (2adh.)    (4R) 

V.  —  Rights  and 
duties  of  neutral 
powers  and  persons 
in  case  of  war  on 

land 42    (2R)    28    (3  adh.) 

VI.  —  Status  of  enemy 
merchant  ships  at 
the     outbreak     of 

hostilities 41    (2R)    26    (2  adh.)    (2R) 

Vn.  —  Conversion  of 
merchant  ships  into 
warships 

Vlil.  —  Laying  auto- 
matic submarine 
contact  mines 

IX.  —  Bombardment 
by  naval  forces  in 
time  of  war 

X.  —  Adaptation  to 
naval  war  of  the 
principles     of     the 

Geneva  Convention    43    (4R)    27    (1  adh.)    (IR) 

XI.  —  Certain  restric- 
tions with  regard 
to  the  exercise  of 
the  right  of  capture 

in  naval  war 40 

XII.  —  Creation  of  an 
international  prize 
court 32  (lOR) 

XIII.  — Rights  and 
duties    of     neutral 

powers  in  naval  war   39     (7R)     25     (4  adh.)     (6R) 

XrV.  —  Declaration 
prohibiting  the  dis- 
charge of  projec- 
tiles and  explosives 
from  balloons 27 

XV.  — Final  act 43 


25     (2  adh.) 


(2R) 


(IR) 


17    (2  adh.) 
Not  required 


Totals 684  (62R) 

Deducting  signatures 

to  Final  Act 43    (IR) 


Germany. . . . ; . 

United  States...-  12 

Argentina 15 

Austria-Hungary  15 

Belgium 14 

Bolivia 15 

Brazil 13 

Bulgaria 15 

Chile....". 14 

China 4 

Colombia 15 

Cuba 14 

Denmark 14 

Dominican     Re- 
public    13 

Ecuador 15 

Spain 10 

France 14 

Great  Britain ...  15 

Greece 14 

Guatemala 14 

Haiti 15 

Italy 14 

Japan 13 

Liberia — 

Luxemburg 13 

Mexico 14 

Montenegro ....  11 

Nicaragua 1 

Norway 15 


Bt  States 

'Sig- 
natures 

14    (5R)  ] 

(IR)  1 

(2R)  - 

(IR)  1 


Panama 

Paraguay. . . . 
Netherlands . , 
Peru 


15 
13 

15 
15 

Persia 15 

Portugal 14 

Rumania 12 

Russia ■.  . .     11 

Salvador 15 

Servia 13 

Siam 14 

Sweden 12 

Switzerland 14 

Turkey 15 

Uruguay 14 

Venezuela 12 


(IR) 

(IR) 

(3R) 
(IR) 
(IR) 
(IR) 


(3R) 
(2R) 

(2R) 
(5R) 
(2R) 
(2R) 
(IR) 

(4R) 


(IR) 


(IR) 
(3R) 

(IR) 
(2R) 
(2R) 

(3R) 

(2R) 
(7R) 
(2R) 


Totals 584  (62R) 

Deducting  signa- 
tures to  Final 
Act  (ratifica- 
tion not  re- 
quired)   r'  43    (IR) 


*  Ratifi- 
cations 

(5R) 
(1  adh.)t  (3R) 

(IR) 


8     (5  adh.)     (2R) 


9    (ladh.) 
12 
9 

13 
14 

12 

11  (11  adh.) 

12 

13 


13  (13  adh.)    (IR) 

13 

14 


(2R) 
(2R) 


(IR) 
(IR) 


(4R) 


.)    (IR) 

(2R) 
(2R) 

(3R) 

(IE) 


641  (61R)  334  ^32  adh.)  (32B 

*  Parenthesized  details  indicate  reservations. 

t  Adhesions  are  separately  noted,  though  included  in  the  total. 


541  (61R)  334  (32  adh.)  (32R) 


APPENDIX  No.  VI 

DECLARATION  OF  THE  RIGHTS  AND  DUTIES  OF 
NATIONS ' 

"I.  Every  nation  has  the  right  to  exist  and  to  protect  and  con- 
serve its  existence,  but  this  right  neither  imphes  the  right  nor  justifies 
the  act  of  the  State  to  protect  itself  or  to  conserve  its  existence  by  the 
commission  of  unlawful  acts  against  innocent  and  unoffending  States. 

"II.  Every  nation  has  the  right  to  independence  in  the  sense  that 
it  has  a  right  to  the  pursuit  of  happiness  and  is  free  to  develop  itself 
without  interference  or  control  from  other  States,  provided  that  in  so 
doing  it  does  not  interfere  or  violate  the  rights  of  other  States. 

"III.  Every  nation  is  in  law  and  before  law  the  equal  of  every 
other  nation  belonging  to  the  society  of  nations,  and  all  nations  have 
the  right  to  claim  and,  according  to  the  Declaration  of  Independence 
of  the  United  States,  'to  assume  among  the  powers  of  the  earth,  the 
separate  and  equal  station  to  which  the  laws  of  nature  and  of  nature's 
God  entitle  them.' 

"IV.  Every  nation  has  the  right  to  territory  within  defined  bound- 
aries and  to  exercise  exclusive  jurisdiction  over  its  territory  and  all 
persons,  whether  native  or  foreign,  found  therein. 

"V.  Every  nation  entitled  to  a  right  by  the  law  of  nations  is  en- 
titled to  have  that  right  respected  and  protected  by  all  other  nations, 
for  right  and  duty  are  correlative,  and  the  right  of  one  is  the  duty  of 
all  to  observe. 

"VI.  International  law  is  at  one  and  the  same  time  both  national 
and  international;  national  in  the  sense  that  it  is  the  law  of  the  land  ^ 
and  is  applicable  as3uch  to  the  decision  of  all  questions  involving  its 
principles;  international  in  the  sense  that  it  is  the  law  of  the  society 
of  nations  and  applicable  as  such  to  all  questions  between  and  among 
the  members  of  the  society  of  nations  involving  its  principles." 

*  Adopted  by  the  American  Institute  of  International  Law,  Washington,  January  6. 
1916. 

'^  Article  4  of  the  Constitution  of  the  Gennan  Commonwealth,  adopted  August  11, 
1919,  provides: 

"The  generally  recognized  principles  of  the  law  of  nations  are  accepted  as  an  integral 
part  of  the  law  of  the  German  Commonwealth."  (Trans,  by  W.  B.  Munro  and  A.  N. 
Holcombe,  Worid  Peace  Foundation,  Vol.  II,  No.  6,  Dec.,  1919.) 

109 


APPENDIX  No.  VII » 

DRAFT  SCHEME  FOR  THE  INSTITUTION  OF  THE  PER- 
MANENT COURT  OF  INTERNATIONAL  JUSTICE 

Mentioned  in  Article  14  of  the  Covenant  of  the  League  of  Nations. 
Presented  to  the  Council  of  the  League  by  the 
Advisory  Committee  of  Jurists 

Article  1 

A  Permanent  Court  of  International  Justice,  to  which  Parties  shall 
have  direct  access,  is  hereby  established,  in  accordance  with  Article  14 
of  the  Covenant  of  the  League  of  Nations.  This  Court  shall  be  in  addi- 
tion to  the  Court  of  Arbitration  organized  by  the  Hague  Convention  of 
1899  and  1907,  and  to  the  special  Tribunals  of  Arbitration  to  which 
States  are  always  at  liberty  to  submit  their  disputes  for  settlement. 

CHAPTER  I 

Organization  of  the  Court 

Article  2 

The  Permanent  Court  of  International  Justice  shall  be  composed 
of  a  body  of  independent  judges,  elected  regardless  of  their  nationality, 
from  among  persons  of  high  moral  character,  who  possess  the  qualifica- 
tions required,  in  their  respective  countries,  for  appointment  to  the 
highest  judicial  ofl&ces,  or  are  jurisconsults  of  recognized  competence 
in  international  law. 

Article  3 

The  Court  shall  consist  of  15  members:  11  judges  and  4  deputy- 
judges.  The  number  of  judges  and  deputy- judges  may  be  hereafter 
increased  by  the  Assembly,  upon  the  proposal  of  the  Council  of  the 
League  of  Nations,  to  a  total  of  15  judges  and  6  deputy-judges. 

1  See  note  accompanying  Appendix  VIII. 
110 


APPENDIX  111 

Article  4 

The  members  of  the  Court  shall  be  elected  by  the  Assembly  and  the 
Council  from  a  list  of  persons  nominated  by  the  national  groups  in  the 
Court  of  Arbitration,  in  accordance  with  the  following  provisions. 

Article  5 

At  least  three  months  before  the  date  of  the  election,  the  Secretary- 
General  of  the  League  of  Nations  shall  address  a  written  request  to  the 
members  of  the  Court  of  Arbitration,  belonging  to  the  States  mentioned 
in  the  Annex  to  the  Covenant  or  to  the  States  which  shall  have  joined 
the  League  subsequently,  inviting  them  to  undertake,  by  national  groups, 
the  nomination  of  persons  in  a  position  to  accept  the  duties  of  'a  member 
of  the  Court. 

No  group  may  nominate  more  than  two  persons;  the  nominees  may 
be  of  any  nationality. 

Article  6 

Before  making  these  nominations,  each  national  group  is  hereby 
recommended  to  consult  its  Highest  Court  of  Justice,  its  Legal  Facul- 
ties and  Schools  of  Law,  and  its  National  Academies  and  national 
sections  of  International  Academies  devoted  to  the  study  of  Law. 

Article  7 

The  Secretary-General  of  the  League  of  Nations  shall  prepare  a  list, 
in  alphabetical  order,  of  all  the  persons  thus  nominated.  These  persons 
only  shall  be  eligible  for  appointment,  except  as  provided  in  Article  12, 
paragraph  2. 

The  Secretary-General  shall  submit  this  list  to  the  Assembly  and  to 
the  Council. 

Article  8 

The  Assembly  and  the  Council  shall  proceed  to  elect  by  independent 
voting  first  the  judges  and  then  the  deputy-judges. 

Article  9 

At  every  election,  the  electors  shall  bear  in  mind  that  not  only  should 
all  the  persons  appointed  as  members  of  the  Court  possess  the  qualifica- 
tions required,  but  the  whole  body  also  should  represent  the  main  forms 
of  civilization  and  the  principal  legal  systems  of  the  world. 


112  APPENDIX 

Article  10 

Those  candidates  who  obtain  an  absolute  majority  of  votes  in  the 
Assembly  and  the  Council  shall  be  considered  as  elected. 

In  the  event  of  more  than  one  candidate  of  the  same  nationaUty  being 
elected  by  the  votes  of  both  the  Assembly  and  the  Council,  the  eldest 
of  these  only  shall  be  considered  as  elected. 


Article  11 

If,  after  the  first  sitting  held  for  the  purpose  of  the  election,  one  or 
more  seats  remain  to  be  filled,  a  second,  and  if  necessary,  a  third  sitting 
shall  take  place. 

Article  12 

If  after  the  third  sitting  one  or  more  seats  still  remain  unfilled,  a  joint 
Conference  consisting  of  six  members,  three  appointed  by  the  Assembly 
and  three  by  the  Council,  may  be  formed,  at  any  time,  at  the  request 
of  either  the  Assembly  or  the  Council,  for  the  purpose  of  choosing  one 
name  for  each  seat  still  vacant,  to  submit  to  the  Assembly  and  the 
Coimcil  for  their  respective  acceptance. 

If  the  Committee  is  unanimously  agreed  upon  any  person  who  ful- 
fills the  required  conditions,  he  may  be  included  in  its  list,  even  though 
he  was  not  included  in  the  Ust  of  nominations  made  by  the  Court  of 
Arbitration. 

If  the  Joint  Conference  is  not  successful  in  procuring  an  election, 
those  members  of  the  Court  who  have  already  been  appointed  shall, 
within  a  time  limit  to  be  arranged  by  the  Council,  proceed  to  fill  the 
vacant  seats  by  selection  from  among  those  candidates  who  have 
obtained  votes  either  in  the  Assembly  or  in  the  Council. 

In  the  event  of  an  equality  of  votes  among  the  judges,  the  eldest 
judge  shall  have  a  casting  vote. 

Article  13 

The  members  of  the  Court  shall  be  elected  for  nine  years. 

They  may  be  re-elected. 

They  shall  continue  to  discharge  their  duties  until  their  places  have 
been  filled. 

Though  replaced,  they  shall  complete  any  cases  which  they  may 
have  begun. 


APPENDIX  113 

Article  14 

Vacancies  which  may  occur  shall  be  filled  by  the  same  method  as 
that  laid  down  for  the  first  election. 

A  member  of  the  Court  elected  to  replace  a  member  the  period  of 
whose  appointment  has  not  expired  will  hold  the  appointment  for  the 
remainder  of  his  predecessor's  term. 

Article  15 

Deputy-judges  shall  be  called  upon  to  sit  in  the  order  laid  down  in 
a  list. 

This  hst  shall  be  prepared  by  the  Court,  having  regard  first  to  the 
order  in  time  of  each  election  and  secondly  to  age. 

Article  16 

The  exercise  of  any  function  which  belongs  to  the  political  direction, 
national  or  international,  of  States,  by  the  Members  of  the  Court,  during 
their  terms  of  office  is  declared  incompatible  with  their  judicial  duties. 

Any  doubt  upon  this  point  is  settled  by  the  decision  of  the  Court. 

Article  17 

No  member  of  the  Court  can  act  as  agent,  counsel  or  advocate  in  any 
case  of  an  international  nature. 

No  member  may  participate  in  the  decision  of  any  case  in  which  he 
has  previously  taken  an  active  part,  as  agent,  counsel  or  advocate  for 
one  of  the  contesting  parties,  or  as  a  member  of  a  national  or  inter- 
national Court,  or  of  a  Commission  of  Inquiry,  or  in  any  other  capacity. 

Any  doubt  upon  this  point  is  settled  by  the  decision  of  the  Court. 

Article  18 

A  member  of  the  Court  can  not  be  dismissed  unless,  in  the  unanimous 
opinion  of  the  other  Members,  he  has  ceased  to  fulfill  the  required 
conditions. 

When  this  happens  a  formal  notification  shall  be  given  to  the 
Secretary-General. 

This  notification  makes  the  place  vacant. 

Article  19 

The  members  of  the  Court,  when  outside  their  own  country,  shall 
enjoy  the  privileges  and  immunities  of  diplomatic  representatives. 


114  APPENDIX 

Article  20 

Every  member  of  the  Court  shall,  before  taking  up  his  duties,  make 
a  solemn  declaration  in  open  Court  that  he  will  exercise  his  powers 
impartially  and  conscientiously. 

Article  21 

The  Court  shall  elect  its  President  and  Vice-President  for  three  years; 
they  may  be  re-elected. 

It  shall  appoint  its  Registrar. 

The  duties  of  Registrar  of  the  Court  shall  not  be  considered  incom- 
patible with  those  of  Secretary-General  of  the  Permanent  Court  of 
Arbitration. 

Article  22 

The  seat  of  the  Court  shall  be  established  at  The  Hague. 

The  President  and  Registrar  shall  reside  at  the  seat  of  the  Court. 

Article  23 

A  session  shall  be  held  every  year. 

Unless  otherwise  provided  by  rules  of  Court  this  session  shall  begin 
on  the  15th  June,  and  shall  continue  for  so  long  as  may  be  necessary 
to  complete  the  cases  on  the  list. 

The  President  may  summon  an  extraordinary  meeting  of  the  Court 
whenever  necessary. 

Article  24 

If,  for  some  special  reason,  a  member  of  the  Court  considers  that  he 
can  not  take  part  in  the  decision  of  a  particular  case,  he  shall  so  inform 
the  President. 

If,  for  some  special  reason,  the  President  considers  that  one  of  the 
members  of  the  Court  should  not  sit  on  a  particular  case,  he  shall  give 
notice  to  the  member  concerned. 

In  the  event  of  the  President  and  the  member  not  agreeing  as  to  the 
course  to  be  adopted  in  any  such  case,  the  matter  shall  be  settled  by 
the  decision  of  the  Court. 

Article  25 

The  full  Court  shall  sit  except  when  it  is  expressly  provided  otherwise. 

If  11  judges  can  not  be  present,  deputy-judges  shall  be  called  upon 
to  sit,  in  order  to  make  up  this  number. 

If,  however,  11  judges  are  not  available,  a  quorum  of  9  judges  shall 
suffice  to  constitute  the  Court. 


.      APPENDIX  115 

Article  26 

With  a  view  to  the  speedy  dispatch  of  business  the  Court  shall  form, 
annually,  a  chamber  composed  of  three  judges  who,  at  the  request  of 
the  contesting  parties,  may  hear  and  determine  cases  by  summary  pro- 
cedure. 

Article  27 

The  Court  shall  frame  rules  for  regulating  its  procedure.  In  par- 
ticular, it  shall  lay  down  rules  for  summary  procedure. 

Article  28 

Judges  of  the  nationality  of  each  contesting  party  shall  retain  their 
right  to  sit  in  the  case  before  the  Court. 

If  the  Court  includes  upon  the  Bench  a  judge  of  the  nationahty  of 
one  of  the  parties  only,  the  other  party  may  select  from  among  the 
deputy-judges,  a  judge  of  its  nationahty,  if  there  be  one.  If  there  should 
not  be  one,  the  party  may  choose  a  judge,  preferably  from  among  those 
persons  who  have  been  nominated  as  candidates  by  some  national  group 
in  the  Court  of  Arbitration. 

If  the  Court  includes  upon  the  Bench  no  judge  of  the  nationality  of 
the  contesting  parties,  each  of  these  may  proceed  to  select  or  choose  a 
judge  as  provided  in  the  preceding  paragraph. 

Should  there  be  several  parties  in  the  same  interest,  they  shall,  for  the 
purpose  of  the  preceding  provisions,  be  reckoned  as  one  party  only. 

Judges  selected  or  chosen  as  laid  down  in  paragraphs  2  and  3  of  this 
Article  shall  fulfill  the  conditions  required  by  Articles  2,  16,  17,  20,  24 
of  this  Statute.  They  shall  take  part  in  the  decision  on  an  equal  foot- 
ing with  their  colleagues. 

Article  29 

The  judges  shall  receive  an  annual  salary  to  be  determined  by  the 
Assembly  of  the  League  of  Nations  upon  the  proposal  of  the  Council. 
This  salary  must  not  be  decreased  during  the  period  of  a  judge's  appoint- 
ment. 

The  President  shall  receive  a  special  grant  for  his  period  of  oflfice,  to 
be  fixed  in  the  same  way. 

Deputy-judges  shall  receive  a  grant,  for  the  actual  performance  of 
their  duties,  to  be  fixed  in  the  same  way. 

Traveling  expenses  incurred  in  the  performance  of  their  duties  shall 
be  refunded  to  judges  and  deputy-judges  who  do  not  reside  at  the  seat 
of  the  Court. 


116  APPENDIX 

Grants  due  to  judges  selected  or  chosen  as  provided  in  Article  28 
shall  be  determined  in  the  same  way. 

The  salary  of  the  Registrar  shall  be  decided  by  the  Council  upon 
the  proposal  of  the  Court. 

A  special  regulation  shall  provide  for  the  pensions  to  which  the  judges 
and  registrar  shall  be  entitled. 

Article  30 

The  expenses  of  the  Court  shall  be  borne  by  the  League  of  Nations, 
in  such  a  manner  as  shall  be  decided  by  the  Assembly  upon  the  proposal 
of  the  Council. 


CHAPTER  II 

Competence  of  the  Court 

Article  31 

The  Court  shall  have  jurisdiction  to  hear  and  determine  suits  between 
States. 

Article  32 

The  Court  shall  be  open  of  right  to  the  States  mentioned  in  the  Annex 
to  the  Covenant,  and  to  such  others  as  shall  subsequently  enter  the 
League  of  Nations. 

Other  States  may  have  access  to  it. 

The  conditions  under  which  the  Court  shall  be  open  of  right  or  acces- 
sible to  States  which  are  not  Members  of  the  League  of  Nations  shall 
be  determined  by  the  Council,  in  accordance  with  Article  17  of  the 
Covenant. 

Article  33 

When  a  dispute  has  arisen  between  States,  and  it  has  been  found  im- 
possible to  settle  it  by  diplomatic  means,  and  no  agreement  has  been 
made  to  choose  another  jurisdiction,  the  party  complaining  may  bring 
the  case  before  the  Court.  The  Court  shall,  first  of  all,  decide  whether 
the  preceding  conditions  have  been  complied  with;  if  so,  it  shall  hear 
and  determine  the  dispute  according  to  the  terms  and  within  the  Umits 
of  the  next  Article. 

Article  34 

Between  States  which  are  Members  of  the  League  of  Nations,  the 
Court  shall  have  jurisdiction  (and  this  without  any  special  convention 


APPENDIX  117 

giving  it  jurisdiction)  to  hear  and  determine  cases  of  a  legal  nature 
concerning: 

(a)    the  interpretation  of  a  treaty; 

(6)    any  question  of  international  law; 

(c)  the  existence  of  any  fact  which,  if  established,  would  constitute 

a  breach  of  an  intematioDal  obHgation; 

(d)  the  nature  or  extent  of  reparation  to  be  made  for  the  breach  of 

an  international  obUgation; 

(e)  the  interpretation  of  a  sentence  passed  by  the  Court. 

The  Court  shall  also  take  cognizance  of  all  disputes  of  any  kind  which 
may  be  submitted  to  it  by  a  general  or  particular  convention  between 
the  parties. 

In  the  event  of  a  dispute  as  to  whether  a  certain  case  comes  within 
any  of  the  categories  above  mentioned,  the  matter  shall  be  settled  by 
the  decision  of  the  Court. 

Article  35 

The  Court  shall,  within  the  limits  of  its  jurisdiction  as  defined  in 
Article  34,  apply  in  the  order  following: 

1.  international  conventions,   whether  general  or  particular,  es- 

tablishing rules  expressly  recognized  by  the  contesting  States; 

2.  international  custom,  as  evidence  of  a  general  practice,  which  is 

accepted  as  law; 

3.  the  general  principles  of  law  recognized  by  civilized  nations; 

4.  judicial  decisions  and  the  teachings  of  the  most  highly  qualified 

pubHcists  of  the  various  nations,  as  subsidiary  means  for  the 
determination  of  rules  of  law. 

Article  36 

The  Court  shall  give  an  advisory  opinion  upon  any  question  or  dis- 
pute of  an  international  nature  referred  to  it  by  the  Council  or  Assembly. 

When  the  Court  shaU  give  an  opinion  on  a  question  of  an  inter- 
national nature  which  does  not  refer  to  any  dispute  that  may  have 
arisen,  it  shall  appoint  a  special  Commission .  of  from  three  to  five 
members. 

When  it  shall  give  an  opinion  upon  a  question  which  forms  the  subject 
of  an  existing  dispute,  it  shall  do  so  under  the  same  conditions  as  if  the 
case  had  been  actually  submitted  to  it  for  decision. 


118  APPENDIX 

CHAPTER  III 

Procedure 

Article  37 

The  official  language  of  the  Court  shall  be  French. 
The  Court  may,  at  the  request  of  the  contesting  parties,  authorize 
another  language  to  be  used  before  it. 

Article  38 

A  State  desiring  to  have  recourse  to  the  Court  shall  lodge  a  written 
application  addressed  to  the  Registrar. 

The  apphcation  shall  indicate  the  subject  of  the  dispute,  and  name 
the  contesting  parties. 

The  Registrar  shall  forthwith  communicate  the  application  to  all 
concerned. 

He  shall  also  notify  the  Members  of  the  League  of  Nations  through 
the  Secretary-General. 

Article  39 

If  the  dispute  arises  out  of  an  act  which  has  already  taken  place  or 
which  is  imminent,  the  Court  shall  have  the  power  to  suggest,  if  it  con- 
siders that  circumstances  so  require,  the  provisional  measures  that  should 
be  taken  to  preserve  the  respective  rights  of  either  party. 

Pending  the  final  decision,  notice  of  the  measures  suggested  shall 
forthwith  be  given  to  the  parties  and  the  Council. 

Article  40 

The  parties  shall  be  represented  by  agents. 

They  may  have  Counsel  or  Advocates  to  plead  before  the  Court. 

Article  41 
The  procedure  shall  consist  of  two  parts:  written  and  oral. 

Article  42 

The  written  proceedings  shall  consist  of  the  communication  to  the 
judges  and  to  the  parties  of  statements  of  cases,  counter-cases  and,  if 
necessary,  rephes;  also  all  papers  and  documents  in  support. 


APPENDIX  119 

These  communications  shall  be  made  through  the  Registrar  in  the 
order  and  within  the  time  fixed  by  the  Court. 

A  certified  copy  of  every  document  produced  by  one  party  shall  be 
communicated  to  the  other  party. 

Article  43 

The  oral  proceedings  shall  consist  of  the  hearing  by  the  Court  of 
witnesses,  experts,  agents,  counsel  and  advocates. 

For  the  service  of  all  notices  upon  persons  other  than  the  agents, 
counsel  and  advocates,  the  Court  shall  apply  direct  to  the  Government 
of  the  State  upon  whose  territory  the  notice  has  to  be  served. 

The  same  provision  shall  apply  whenever  steps  are  to  be  taken  to 
procure  evidence  on  the  spot. 

Article  44 

The  proceedings  shall  be  under  the  direction  of  the  President,  or  in 
his  absence,  of  the  Vice-President;  if  both  are  absent,  the  senior  judge 
shall  preside. 

Article  45 

The  hearing  in  Court  shall  be  public,  unless  the  Court,  at  the  written 
request  of  one  of  the  parties,  accompanied  by  a  statement  of  his  reasons, 
shall  otherwise  decide. 

Article  46 

Minutes  shall  be  made  at  each  hearing,  and  signed  by  the  Registrar 
and  the  President. 

These  minutes  shall  be  the  only  authentic  record. 

Article  47 

The  Court  shall  make  orders  for  the  conduct  of  the  case,  shall  decide 
the  form  and  time  in  which  each  party  must  conclude  its  arguments, 
and  make  all  arrangements  connected  with  the  taking  of  evidence. 

Article  48 

The  Court  may,  even  before  the  hearing  begins,  call  upon  the  agents 
to  produce  any  document,  or  to  supply  to  the  Court  any  explanations. 
Any  refusal  shall  be  recorded. 

Article  49 

The  Court  may,  at  any  time,  intrust  any  individual,  bureau,  commis- 
sion or  other  body  that  it  may  select,  with  the  task  of  carrying  out  an 
inquiry  or  giving  an  expert  opinion. 


120  APPENDIX 

Article  50 

During  the  hearing  in  Court,  the  judges  may  put  any  questions  con- 
sidered by  them  to  be  necessary,  to  the  witnesses,  agents,  experts,  advo- 
cates or  counsel.  The  agents,  advocates  and  counsel  shall  have  the 
right  to  ask,  through  the  President,  any  questions  that  the  Court  con- 
siders useful. 

Article  51 

After  the  Court  has  received  the  proofs  and  evidence  within  the  time 
specified  for  the  purpose,  it  may  refuse  to  accept  any  further  oral  or 
written  evidence  that  one  party  may  desire  to  present  unless  the  other 
side  consents. 

Article  52 

Whenever  one  of  the  parties  shall  not  appear  before  the  Court,  or 
shall  fail  to  defend  his  case,  the  other  party  may  call  upon  the  Court  to 
decide  in  favor  of  his  claim. 

The  court  must,  before  doing  so,  satisfy  itself,  not  only  that  it  has 
jurisdiction  in  accordance  with  Articles  33  and  34,  but  also  that  the  claim 
is  supported  by  substantial  evidence  and  well  founded  in  fact  and  law. 

Article  53 

When  the  agents,  advocates  and  counsel,  subject  to  the  control  of 
the  Court,  have  presented  all  the  evidence,  and  taken  all  other  steps  that 
they  consider  advisable,  the  President  shall  declare  the  case  closed. 

The  Court  shall  withdraw  to  consider  the  judgment. 

The  deliberations  of  the  Court  shall  take  place  in  private  and  remain 
secret. 

Article  54 

All  questions  shall  be  decided  by  a  majority  of  the  judges  present  at 
the  hearing. 

In  the  event  of  an  equality  of  votes,  the  President  or  his  deputy  shall 
have  a  casting  vote. 

Article  55 

The  judgment  shall  state  the  reasons  on  which  it  is  based. 
It  shall  contain  the  names  of  the  judges  who  have  taken  part  in  the 
decision. 

Article  56 

If  the  judgment  given  does  not  represent,  wholly  or  in  part,  the 
unanimous  opinion  of  the  judges,  the  dissenting  judges  shall  be  entitled 


APPENDIX  m 

to  have  the  fact  of  their  dissent  or  reservations  mentioned  in  it.  But  the 
reasons  for  their  dissent  or  reservations  shall  not  be  expressed  in  the 
judgment. 

Article  57 

The  judgment  shall  be  signed  by  the  President  and  by  the  Registrar. 
It  shall  be  read  in  open  Court,  due  notice  having  been  given  to  the  agent. 

Article  58 

The  judgment  is  final  and  without  appeal.  In  the  event  of  un- 
certainty as  to  the  meaning  or  scope  of  the  judgment,  the  Court  shall 
construe  it  upon  the  request  of  any  party. 

Article  59 

An  appUcation  for  revision  of  a  judgment  can  be  made  only  when  it 
is  based  upon  the  discovery  of  some  new  fact,  of  such  a  nature  as  to  be 
a  decisive  factor,  which  fact  was,  when  the  judgment  was  given,  unknown 
to  the  Court  and  also  to  the  party  claiming  revision,  always  provided 
that  such  ignorance  was  not  due  to  negligence. 

The  proceedings  for  revision  will  be  opened  by  a  judgment  of  the 
Court  expressly  recording  the  existence  of  the  new  fact,  recognizing  that 
it  has  such  a  character  as  to  lay  the  case  open  to  revision,  and  declaring 
the  application  admissible  on  this  ground. 

The  Court  may  require  previous  compUance  with  the  terms  of  the 
judgment  before  it  admits  proceedings  in  revision. 

No  application  for  revision  may  be  made  after  the  lapse  of  five  years 
from  the  date  of  the  sentence. 

Article  60 

Should  a  State  consider  that  it  has  an  interest  of  a  legal  nature  which 
may  be  affected  by  the  decision  in  the  case,  it  may  submit  a  request  to 
the  Court  to  be  permitted  to  intervene  as  a  third  party. 

It  will  be  for  the  Court  to  decide  upon  this  request. 

Article  61 

Whenever  the  construction  of  a  convention  in  which  States,  other 
than  those  concerned  in  the  case,  are  parties,  is  in  question,  the  Registrar 
shall  notify  all  such  States  forthwith. 

Every  State  so  notified  has  the  right  to  intervene  in  the  proceedings; 


122  APPENDIX 

but  if  it  uses  this  right,  the  construction  given  by  the  judgment  will  be 
as  binding  upon  it  as  upon  the  original  parties  to  the  dispute. 

Article  62 

Unless  otherwise  decided  by  the  Court,  each  party  shall  bear  its  own 
costs. 


APPENDIX  No.  Villi 

SUNDEBLAND  HoXJSE,   CuRZON   StREET, 

)  London,  W.  I. 

27th  August,  1920. 

The  Council  of  the  League  of  Nations  has  the  honor  to  communicate 
to  the  Government  the  scheme  presented  by  the  Inter- 

national Committee  of  eminent  jurists  who  were  invited  to  submit  plans 
for  the  estabhshment  of  a  Permanent  Court  of  International  Justice, 
and  who  have  recently  concluded  their  deliberations  at  The  Hague. 

The  Council  do  not  propose  to  express  any  opinion  on  the  merits  of 
the  scheme  until  they  have  had  a  full  opportunity  of  considering  it  but 
they  permit  themselves  to  accompany  the  documents  with  the  follow- 
ing observations. 

The  scheme  has  been  arrived  at  after  prolonged  discussion  by  a  most 
competent  tribunal.  Its  members  represented  widely  different  national 
points  of  view;  they  all  signed  the  Report.  Its  fate  has  therefore  been 
very  different  from  that  of  the  plans  for  a  Court  of  Arbitral  Justice, 
which  were  discussed  without  result  in  1907.  Doubtless  the  agreement 
was  not  arrived  at  without  diflficulty.  Variety  of  opinions,  even  among 
the  most  competent  experts,  is  inevitable  on  a  subject  so  perplexing  and 
complicated.  Some  mutual  concessions  are  therefore  necessary  if  the 
failure  of  thirteen  years  ago  is  not  to  be  repeated.  The  Council  would 
regard  an  irreconcilable  difference  of  opinion  on  the  merits  of  the  scheme 
as  an  international  misfortune  of  the  gravest  kind.  It  would  mean 
that  the  League  was  publicly  compelled  to  admit  its  incapacity  to  carry 
out  one  of  the  most  important  of  the  tasks  which  it  was  invited  to  per- 
form. The  failure  would  be  great  and  probably  irreparable ;  for,  if  agree- 
ment proves  impossible  under  circumstances  apparently  so  favorable,  it 
is  hard  to  see  how  and  when  the  task  of  securing  it  will  be  successfully 
resumed. 

It  is  in  the  spirit  indicated  by  these  observations  that  the  Council  on 
their  part  propose  to  examine  the  project  submitted  to  them  by  the 
Committee  of  Jurists ;  and  they  trust  that  in  the  same  spirit  the  Members 
of  the  League  will  deal  with  this  all-important  subject  when  the  Council 
brings  the  recommendations  before  the  Assembly. 

^  Reprinted  by  courtesy  of  Worid  Peace  Foundation,  Special  Number,  Sept.,  1920. 
The  letter  of  explanation  accompanied  the  draft  project  which  was  sent  to  the  Govern- 
ments of  all  members  of  the  League. 

123 


INDEX 


Alliance,  definition  of,  and  relation  of 
League  of  Nations  to,  52 

American  Institute  of  International  Law, 
recommendations  of  Havana,  16 

Angary,  law  of,  8 

Assembly,  composition,  75  (Art.  3); 
jurisdiction,  75  (Art.  3);  and  inter- 
national law,  17-18;  reconsideration  of 
treaties  by,  27;  admission  of  new 
members,  74  (Art.  1);  relation  to  amend- 
ments, 97  (Art.  26);  reports  by,  86 
(Art.  15);  relation  to  choice  of  judges 
for  the  Permanent  Court  of  Inter- 
national Justice,  111-112  (Arts.  4,  8, 
10-12);  power  in  fixing  the  salaries  of 
judges  in  the  Permanent  Court  of 
International  Justice,  115  (Art.  29); 
in  determination  of  apportionment  of 
expenses  of  the  Permanent  Court  of 
International  Justice,  116  (Art,  30) 

Austin,  John,  views  on  international 
law,  5 

Baldwin,  Mr.  Justice,  opinion  in  Rhode 
Island  V.  Massachusetts  35-36. 

British  League  of  Free  Nations  Association, 
recommends  codification  of  international 
law  by  League  Council,  17 

Bluntschli,  J.  K.,  letter  to  Francis  Lieber 
on  codification  of  international  law,  15 

Bourgeois,  Leon,  views  on  sanctions,  48 

Bryan,  W.  J.,  conciliation  treaties  negoti- 
ated by,  10-11 

Bryce,  Lord  James,  letter  to  Theodore 
Marburg  on  justiciable  questions,  37; 
views  on  sovereignty,  50 

Butler,  N.  M.,  on  the  Hague  Peace  Confer- 
ences, 13 

Carnegie,  Andrew,  views  on  sanctions,  46 
Cecil,  Lord  Robert,  views  on  sanctions,  46 
Cherokee  Nation  v.  Georgia,  case  of,  35 


China,  collective  intervention  in,  39 

Conclusions,  58-59 

Confederations,  definition  of,  and  relation 
to  the  League  of  Nations,  51-52 

Congresses,  Paris,  1856,  12;  Geneva,  1864, 
12;  at  The  Hague,  12-13 

Constitution  of  the  United  States,  judicial 
expansion  of,  11 

Council,  composition,  75-76  (Art.  4); 
disarmament  duties,  79-81;  jurisdiction, 
76  (Art.  4);  reports  and  inquiry  by, 
29,  81,  84-86  (Arts.  11,  12,  15,  16,  17); 
relation  to  amendments,  97  (Art.  26); 
relation  to  choice  of  judges  for  the 
Permanent  Court  of  International 
Justice,  111-112  (Arts.  4,  8,  10-12); 
power  in  fixing  salaries  of  judges  for  the 
Permanent  Court  of  International 
Justice  and  in  apportionment  of  the 
expense  of  the  court,  115  (Art.  29), 
116  (Art.  30) 

Court,  Permanent  Court  of  International 
Justice  (Art.  14);  Draft  Scheme  for, 
Appendix  No.  VII;  should  give  conti- 
nuity to  international  law,  12 

Custom,  development  of  international  law 
by,  9-10 

Deserters  at  Casablanca,  case  of,  34 

Doe  V.  Braden,  case  of,  35 

Duguit,  L.,  views  on  sovereignty,  49 

Equality,  principle  of  equality  in  the 
League  of  Nations,  52-55;  equality  in 
the  apportionment  of  expense,  54;  in 
representation  and  voting  power,  54-55 

Fenwick,  C.  G.,  on  the  Hague  Conventions 
and  the  codification  of  international 
law,  12-13 

Field,  David  Dudley,  Draft  Outlines  of  an 
International  Code,  14 


lU 


126 


INDEX 


George,  David  Lloyd,  on  abolishment  of 
war,  28;  on  League  as  a  substitute  of 
reason  and  justice  for  force  and  intrigue 
in  international  relations,  32 

German  Constitution,  recognition  of  va- 
lidity of  international  law,  footnote  2,  6 
and  Appendix  No.  VI 

Grotius,  Hugo,  conception  of  international 
law  held  by,  1 

Hague  Conventions,  applicability  during 
war,  22-27 

Hall,  W.  E.,  on  intervention,  39 

Haskins,  Charles  H.,  on  Commissions  in 
the  Versailles  negotiations,  9 

Hobbes,  Thomas,  conception  of  inter- 
national law  held  by,  3 

International  Congresses,  development  of 
international  law  by,  12-13 

Japanese  House  Tax,  case  of,  34 
Judicial  Decisions,  development  of  inter- 
national law  by,  11-12 
Justiciable  Questions,  discussion  of,  34-38 

Knox,  P.  C,  on  an  international  league 
making  war  an  international  crime,  28 

Krehbiel,  Edward,  on  international 
congresses  as  a  method  of  developing 
international  law,  12 

Labor,  International  Labor  Organization, 
19-21;  nine  fundamental  principles  of, 
20;  relation  of  the  fundamental  principles 
to  international  law,  20-21 

La  Fontaine,  Henri,  on  making  war  an 
illegal  institution,  28 

Lansing,  Robert,  views  on  an  international 
code  and  its  relation  to  the  Permanent 
Court  of  International  Justice,  17;  on 
penalties  for  a  breach  of  international 
law,  25 

Lawrence,  T.  J.,  criticism  of  Austin's 
theory  of  international  law,  6 

League  of  Nations,  conception  of  inter- 
national law  under,  6-7;  juridical  status 
of,  49-57;  original  and  revised  drafts 
of  the  Covenant  arranged  in  parallel 
columns,  Appendix  No.  UI,  73-98 


League  to  Enforce  Peace,  on  a  congress 
to  codify  rules  of  international  law,  16; 
on  settlement  of  justiciable  questions,  36 

Lieber,  Francis,  on  right  to  make  war,  41 

Mandatary,  definition  of,  90-92,  mandatary 

commission,  93  (Art.  22) 
Marburg,     Theodore,     Introduction     by, 

v-vii;  on  right  to  make  war  at  will,  28; 

Lord  Bryce's  letter  to,  footnote,  37 
Martin  v.  Mott,  case  of,  35 
Monroe  Doctrine,  90  (Art.  21) 
Montesquieu,    C.    L.,    on   individual   and 

united  action,  31 
Moore,    J.    B.,    on   unrestricted   right   to 

make  war,  31;   on  lack  of  a  sanction  in 

the  international  system,  48 
Morgenthau,  Henry,  on  intervention,  39 

NeutraUty,  President  Wilson  on,  41; 
effect  of  League  on,  41-44;  Dr.  Quincy 
Wright  on,  42-43;  Switzerland  and, 
43-44 

Oppenheim,  L.,  on  the  Hague  Peace 
Conferences,  13;  on  complex  questions, 
37-38 

Phillimore,  Sir  Robert,  views  on  natural 

and  positive  law,  4-5 
Pious  Fund,  case  of,  34 
Political  Questions,  34-38 
Pufendorf,  S.,  conception  of  international 

law  held  by,  3-4 

Rhode  Island  v.  Massachusetts,  case  of,  35 
Roosevelt,  Theodore,  view  on  a  sanction 

for  international  court  decisions,  45 
Root,  Elihu,  letter  of  March  29,  1919,  to 
Mr.  Hays,  13;  on  change  in  theory  of 
international  law,  40;  on  the  Hague 
Peace  Conferences,  13;  on  justiciable 
questions,  37 

Sanctions,  45-48;  Mr.  Roosevelt  on,  45; 
Mr.  Taft  on,  46;  Mr.  Scott  on,  46; 
Lord  Robert  Cecil  on,  46;  Mr.  Carnegie 
on,  46;  Mr.  Lowell  on,  47;  juridical 
sanction  proposed,  47;  J.  B.  Moore  on 
weakness  of  the  international  system. 


INDEX 


127 


48;  M.  Bourgeois  on  sanctions  of 
Versailles  Covenant,  48 

Scott,  James  Brown,  on  Judicial  Arbi- 
tration Court  and  judicial  decisions, 
11-12;  on  sanctions,  46 

Smith,  Munroe,  on  accountability  of  a 
nation  for  a  'crime  against  civilization,' 
40 

Smuts,  J.  C,  Proposals  for  a  League  of 
Nations,  Appendix  No.  I,  61-65;  defi- 
nition of  justiciable  questions,  footnote, 
37 

Sovereignty,  40-51;  definition  of,  49; 
L.  Duguit  on,  49;  Wheaton  on,  49-50 

State,  definition  of,  51;  relation  to  League 
of  Nations,  51 

Stowell,  Lord,  prize  decisions  by,  11 

Switzerland,  neutrality  of,  43-44 

Taft,  W.  H.,  views  on  sanctions,  46 
Treaties,     development    of    international 
law  by,  10-11;  reconsideration  of  by  As- 
sembly, 27;  registration  of,  27  (Art.  18); 
abrogation  of,  27  (Art.  20) 


Triepel,  H.,  criticism  of  the  development 
of  international  law  by  one  writer 
copying  from  another,  8 

War,  made  illegal  by  covenant  in  certain 

instances,  30 
Wheaton,   Henry,    views   on   sovereignty, 

49-50 
William  II,  and  sanctity  of  treaties,  25 
Wilson,     George     Grafton,     The     Hague 

Arbitration     Cases,     34;      Wilson     and 

Tucker,  International  Law,  39 
Wilson,  Woodrow,  on  international  law,  1; 

on  neutrality,  41;    on  Belgium's  resto- 
ration and  validity  of  international  law, 

26 
World  Court  League,  recommendation  for 

an    international     congress    to    codify 

international  law,  16 
Wright,  Quincy,   on  effects  of  Covenant 

on  theory  of  international  law,  42-43 
Writers,  development  of  international  law 

by,  8 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  50  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.00  ON  THE  SEVENTH  DAY 
OVERDUE. 


DEC   11  1933 


J 


^ 


m:m  '-^''^ 


■^-1* — 1 


"?^^^ 


Cc 


NCV  535 1945 


"tC  12  J940vf 


MAY  29  <946 


^ 


.,-45^ 


LD21-100m-7,'33 


